Archives

All Posts Tagged Tag: ‘Employment Updates’

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 …

Read More

California Supreme Court Clarifies When Prevailing FEHA Defendants Can Recover Costs

The California Fair Employment and Housing Act (“FEHA”) prohibits harassment and discrimination in employment because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave (Government Code sections 12940,12945, 12945.2) and/or retaliation for protesting illegal …

Read More

Re-Hire Bans May Be Banned -Golden v. California Emergency Physicians

Something we often see when a case settles is that employers prefer to include a “no re-hire” provision in their agreement. What, you were harassed, sued, settled and now want your job back? You may be in luck. Read on – The rationale for these clauses is that any refusal to hire the plaintiff in the future could be characterized …

Read More

California State Minimum Wage Change is Effective July 1, 2014

Although many employees and employers are aware of the upcoming change to the California state minimum wage, for those not paying attention (no pun intended) the California state minimum wage will increase to $9 an hour starting July 1, 2014 and up to $10 per hour by January 1, 2016 [SPACE] In July 2014, the minimum salary test for the Executive, Administrative, …

Read More

Duran v. US Bank: Supreme Court Reverses Certification and Judgment for Employees, Sets Methods of Proof in Class Action Trials

The California Supreme Court this morning issued its decision in the much anticipated Duran v. US Bank, N.A. The decision reverses the judgment for the plaintiffs. The Court’s introduction reads as follows: We encounter here an exceedingly rare beast [in the Quintilone & Associates tried a class action last year is also rare]: a wage and hour class action that …

Read More

No Attorney-Client Privilege for Employee's Emails to Lawyer from Company Computer

Attorney-client privilege does not protect employee emails sent to attorney from the Company’s computer where company had email inspection policy

Read More

Quintilone & Associates focuses in Class Actions, Employment Law, Personal Injury, and Business Litigation in Orange County, CA area.