Daniel J. Martinez is a member of the firm’s litigation team. His developing practice includes complex and mass tort litigation.
Mr. Martinez graduated from the University of California Riverside with a B.A. in both Business Economics and Psychology. He earned his Juris Doctorate from the University of San Francisco School of Law.
During law school, Mr. Martinez undertook leadership positions in Pride Law and the Latinx Law Student Association where he organized fundraisers, social events and speaking panels. Additionally, Mr. Martinez has worked as a legal intern representing asylum seekers and has helped tenants facing eviction issues during Covid-19.
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California Supreme Court reversed decision on Employers penalties for Non-compliant Meal and Rest Breaks
In May 2022, the California Supreme Court reversed the prior employer-friendly decision in Naranjo v. Spectrum Security Services, Inc. and held that meal and rest break premium pay is considered to be wages. This means that an employer’s failure to pay premium pay for non-compliant meal and rest breaks can trigger derivative claims for wage statement violations and waiting time penalties.
Under the California Labor Code, wage statement violations are penalized at $50 per employee for the initial pay period in which a violation occurs and $100 per employee for each violation in a subsequent pay period, up to a maximum of $4,000 per employee. Waiting time penalties apply if an employee is not paid all wages due at the time of separation from employment and can equal up to 30 days of pay at the employee’s regular rate of pay. The Naranjo decision highlights the importance of legally-compliant policies and procedures to avoid break violations in the first place.
Employers can take several steps to protect themselves from liability in this area. For questions regarding meal and rest breaks and employee compensation, or other employment law issues, contact a member of our employment law team: Amanda L. Riddle, Steven M. Berki , Sumble Manzoor or Devin C. Fathi.
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California Department of Public Health ("CDPH") update on COVID-19
The California Department of Public Health ("CDPH") has updated its COVID-19 orders regarding workers in health care settings as well as workers in schools. CDPH’s announcement is available here, and further information on these updates is summarized below.
CDPH Update: Workers in Health Care Settings
On September 13, 2022, the CDPH issued its latest COVID-19 order titled, “Health Care Worker Vaccine Requirement” (the “Order”). The Order takes effect on September 17, 2022. To review the full Order, click here.
Most significantly, the Order rescinds the former weekly testing requirement (except as specifically noted to comply with federal requirements) for health care workers that were exempt from receiving the vaccine due to medical reasons or sincerely-held religious beliefs. However, vaccination-exempt workers must wear a respirator approved by the National Institute of Safety and Health, such as an N95 filtering facepiece respirator or surgical mask, at all times while in the facility.
The Order also states that it does not alter or limit the CDPH's previous requirements related to Personal Protective Equipment, personnel training and infection control. These requirements remain in effect under the prior CDPH order, which means that masks are still required for all individuals in healthcare settings.
In addition, although most health care workers will no longer be subject to weekly testing requirements, Skilled Nursing facilities still must continue to comply with current federal requirements and possibly more stringent testing of staff.
Despite the Order's rescission of the weekly testing requirement for most health care workers, the CDPH still recommends that covered health care facilities should maintain testing capacity and be able to ramp up testing at their worksite on short notice in the event of outbreaks or if it is required again at a future date.
Finally, the Order reiterates that the current requirements regarding vaccinations and boosters for covered health care workers remain in effect. It also updates the timing of required booster doses to be consistent with current CDC recommendations. A chart of the California Immunization Requirements for Covered Workers is contained within the Order.
CDPH Update: Workers in Schools
On September 13, 2022, the CDPH also announced that it was rescinding its August 11, 2021 Order related to workers in schools. As of the Order's effective date of September 17, 2022, the CDPH no longer requires public and private K-12 employers to verify the COVID-19 vaccination status of workers (including employees and unpaid volunteers), or test unvaccinated or partially-vaccinated workers on a weekly basis. A copy of the updated Order is available here.
Remember that local jurisdictions are authorized to (and do) implement additional COVID-19 requirements which may be more restrictive than those found in state or federal requirements. Always be sure to review the federal, state and local rules on a regular basis. In addition, note that the CDC's guidance is typically less restrictive than California's CDPH Orders. Employers must be sure to follow the CDPH requirements rather than the instructive CDC guidance published from time to time.
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Awards & Accolades
Congratulations go out to Stevan Luzaich , Dario de Ghetaldi, Amanda L. Riddle, and Levon Sagatelyan for again being named as Northern California Super Lawyers, an honor given only to 5% of attorneys practicing in Northern California. Ms. Riddle is also named to the Top 100 Lawyers in Northern California and Top 50 Female Attorneys in Northern California lists for the fourth year in a row. Congratulations also go out to our attorneys who have been named to the Northern California Super Lawyers, Rising Star list: Andrea A. Nguyen; Sumble Manzoor; and Dallas E. Dean.
Further congratulations to Amanda Riddle who will be receiving two other honors this month: The San Mateo County Trial Lawyers Association’s George R. Corey Trial Lawyer of the Year Award, named for the founding partner of our law firm, which honors on an annual basis a distinguished lawyer who exemplifies dedicated service to the community, excellence in the practice of law, undaunting commitment to friends and colleagues, and efforts to further justice and the legal profession; and the San Mateo County Bar Association’s Les Williams Diversity Award, which recognizes an individual or organization who has demonstrated a meaningful and consistent commitment to increasing and maintaining diversity in San Mateo County at all levels of the legal profession.
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Community Spotlight
Corey, Luzaich, de Ghetaldi & Riddle LLP is proud to be a long-term supporter of many non-profit organizations in the Bay Area. One of the excellent organizations that we support is Samaritan House , which has served our community since 1974. Samaritan House provides resources and tools for families and individuals to guide them to self-reliance and success. It is also the largest food distribution agency in San Mateo County and provides clothing, shelter, health care, worker resources and counseling services free of charge to their clients.
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Employment Law Litigation
When issues arise, our attorneys focus on early intervention to resolve problems within the business before the issue escalates ...
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Business & Commercial Transactions
Since 1964, our firm has provided tailored advice to business clients of all sizes. From sole proprietorships to Fortune 500 companies ...
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Probate & Trust Litigation
Along with the provision of estate planning legal services, we have extensive experience litigating matters resulting from estate disputes involving ...
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Millbrae Office
700 El Camino Real
Millbrae, CA 94030
Phone: (650) 871-5666
Email: info@coreylaw.com
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Half Moon Bay Office
625 Miramontes Street, Suite 106
Half Moon Bay, CA 94019
Phone: (650) 726-7578
Email: info@coreylaw.com
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