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Wagner Legal Group, P.C.

Wagner Legal Group, P.C.

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Archives for April 2012

April 19, 2012

Court Holds That An Arbitration Agreement That Allows The Employer To Unilaterally Modify Or Revoke Arbitration Clauses Is Unenforceable

This week, in Peleg v. Niemen-Marcus Group, Inc., the California Court Of Appeals held that an arbitration agreement that allowed an employer to unilaterally modify or revoke the arbitration agreement with 30 days’ notice was unenforceable.  The Court held also held that it was proper for the trial

Alternative Dispute Resolution,  Employment,  Litigation

April 12, 2012

California Supreme Court Hands Down Key Decision On Class Actions and Meal And Rest Breaks

Earlier today, the California Supreme Court finally issued its long-awaited decision in the case of Brinker v. Superior Court, a case involving class action issues, as well as meal and rest break requirements and procedures.  While many have claimed this is a major victory for employers, that is not

Employment,  Litigation

April 5, 2012

Defendant In FEHA Case Cannot Recover Expert Costs Upon Prevailing Absent A Showing The Action Was Frivolous

In Baker v. Mulholland Security and Patrol, Inc., plaintiff sued his employer for retaliation, failure to pay overtime compensation, and failure to maintain records, claiming he was terminated after he complained about discriminatory remarks made on the job. The trial court disposed of his

Employment,  Litigation

April 2, 2012

Is Being Unemployed Going To Be A Protected Class Under California Law?

As this economy continues to flounder and unemployment rates remain high, states are trying to take proactive approaches to help unemployed workers find jobs.  AB 1450 is a California bill that was introduced in January 2012 to protect unemployed workers and prohibit an employer from discriminating

Employment

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