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All Posts Tagged Tag: ‘wage and hour law’

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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Court Grants Final Approval of Class Action Settlement

In a rare case of a class action brought against a Government entity for California Labor Code violations for failure to reimburse necessary school supplies and expenses under Labor Code section 2802 as well as a breach of written employment contract, on September 22, 2015, Judge John M. Pacheco of the San Bernardino Superior Court Granted Plaintiff Dora Alcaraz’s motion …

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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, …

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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 …

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The California Supreme Court Announces Big Brinker Decision for Employees

The California Supreme Court just announced a big class action employment decision in Brinker Rest. Corp. v. Superior Court. The decision clarifies some laws as they pertain to employers and employees, and sets forth a simple three part test for meal period compliance. The Court specifically held that employer satisfies [its meal period compliance] obligation if it (1) relieves its …

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Urbino v. Orkin Services of California – USDC Central Finds Class Action PAGA Waiver Unconscionable

In Urbino v. Orkin Services of California, the USDC Central Court (Judge Carney) Finds Class Action PAGA Waiver Unconscionable and joins a growing list of opinions finding AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011) inapplicable in the California wage and hour class action contex.

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Nicholas Laboratories, LLC v. Chen – No Indemnification for Action Against Employee

The Court held that Labor Code section 2802 does not require an employer to reimburse its employee for attorney fees incurred in the employee’s successful defense of the employer’s action against the employee. The Court also concluded that Corporations Code section 317 has no application to limited liability companies.

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I am Working Overtime and Not Being Paid, Is There Anything I Can Do?

Whether or not you should be paid for overtime worked depends on whether or not you are an “exempt” employee or a “non-exempt” employee. Employees who are exempt, generally salary employees, do not get paid overtime. However, non-exempt employees should be paid for those hours worked. Quintlaw.com Under both federal and California law, exempt employees are salaried executives, administrative and …

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