Former USC Linebacker Lamar Dawson and NCAA Student Athlete Not an Employee Under the FLSA and CA Labor Code
In Dawson v. NCAA (9th Cir. 17-15973 decided 8/12/19) the Ninth Circuit Court of Appeal panel affirmed the district court’s dismissal of a Division I college football player Lamar Dawson‘s claim that he was an employee of the National Collegiate Athletic Association and the PAC-12 Conference within the meaning of the Fair Labor Standards Act and California labor law and …
California’s Immigrant Worker Protection Act poses New Challenges
The California Attorney General and State Labor Commissioner issued two documents for California employers to address the California’s Immigrant Worker Protection Act (AB 450). Attorney General Becerra issued an advisory providing an overview of and guidance on the privacy prescriptions under AB 450. DLSE Labor Commissioner Su also issued joint guidance on frequently asked questions to help employers and workers understand and comply with the new state …
Court Grants Class Certification for Group of Employees seeking Mileage Reimbursement
In a lawsuit brought by Brian Rogers and Amy Casey on behalf of themselves and similarly situated employees known as Brian Rogers , Amy Casey v. THD At Home Services dba Home Depot, et al, Case No. 5:14-cv-02069-JGB-SP, pending before the Honorable Jesus G. Bernal in the United States District Court for the Central District of California (the “Action”) Richard E. Quintilone II Esq. of Quintilone & …
Andrews v. Ashley Furniture – New California Class Action Complaint seeks reimbursement of employee expenses under Labor Code section 2802.
Quintilone & Associates has filed a class action where Plaintiff Israel Andrews (“Plaintiff”) seeks reimbursement for expenses incurred while working as a Sale Associate for Stoneledge Furniture LLC. Stoneledge sells furniture under the Ashley Furniture brand of stores throughout California. Ashley Furniture Industries Inc. is the sole member of Stoneledge Furniture LLC, the Limited Liability Company that employed Plaintiff and …
Quintilone & Associates reaches a Class Action settlement with Sprint over Unpaid Wages
In a lawsuit brought by Viet Bui and Christina Avalos-Reyes on behalf of themselves and similarly situated employees known as Viet Bui et al. v. Sprint Corporation, a Sprint Communications Company, L.P., et al., No. 2:14-cv- 02461-TLN-AC, pending before the Honorable Troy Nunley in the United States District Court for the Eastern District of California (the “Action”) Quintilone & Associates …
Lubin v. The Wackenhut Corp. – New Statistical Class Certification Opinion
Sample your way to Class Certification – California’s Second Appellate District holds statistical sampling may be used to certify a class, and also clarification on what constitutes an “injury” for a pay stub claim. On November 21, 2016, California’s Second Appellate District ruled that the used of statistical sampling can be used to certify a class of employees in a …
California PAGA Amendments Passed July 1, 2016
With the stated purpose of reducing “unnecessary litigation” and lowering the cost for employers doing business in California, on June 27, 2016 Governor Brown signed SB 836, an amendment to California’s Private Attorneys General Act (“PAGA”) as well as a host of other laws. The PAGA grants employees the authority to sue for Labor Code violations on behalf of themselves and other employees …
Ninth Circuit Holds individual testimony regarding damages does not defeat class certification
The Ninth Circuit recently affirmed the United States District Court’s granting a motion for class certification holding where a complaint alleges a company violated the law in the same way as to each member of a large class of employees, finding class certification is proper. “[T]he need for individual damages calculations does not, alone, defeat class certification.” Vaquero v. Ashley …
Outside Sales in California Not Always An Easy Sell
California employment law recognizes two types of commissioned employees: (1) outside salespersons (Labor Code § 1171) and (2) inside salespersons (8 Cal.C.Regs. § 11040, 11070). Whether you are an employer or employee, it is important that you familiarize yourself with the basic rules as they are not always clear. In the past few years, California courts have witnessed a substantial …
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