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Wagner Legal Group, P.C.

Wagner Legal Group, P.C.

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Archives for May 2018

May 26, 2018

Waiting Time Penalties Are Tied To Willful Employer Underpayment And Courts Lack Discretion To Waive Them

In Diaz v. Grill Concepts Services, Inc. the Court of Appeal affirmed a trial court decision finding an employer liable for waiting time penalties. Here, defendant employer was required to pay its employees a living wage subject to an ordinance promulgated by the Los Angeles City Council. When the

Employment,  Litigation

May 23, 2018

Aggrieved Employees May Bring Representative PAGA Claims For All Labor Code Violations

In Huff v. Securitas Security Services USA, Inc., the Court of Appeals agreed with the lower court’s interpretation of the Private Attorneys General Act (PAGA) in holding that a person personally affected by at least one Labor Code violation committed by an employer – an “aggrieved employee” – may

Employment,  Litigation

May 22, 2018

Representative PAGA Claims Do Not Require Proof Of Injury Or A Knowing And Intentional Violation.

In Raines v. Coastal Pacific Food Distributors, the Court of Appeal affirmed in part, and reversed in part, a decision by the trial court granting Defendants’ motion for summary judgment on claims brought by Plaintiff under the Private Attorneys General Act (PAGA), in both a representative and

Employment,  Litigation

May 5, 2018

Probationary Employees Taking Medical Leave May Deduct That Time From Their Respective Probationary Periods

In Hernandez v. Rancho Santiago Community College District, the Court of Appeal affirmed a lower court decision holding that an employer failed to reasonably accommodate Plaintiff’s temporary total disability and did not engage in a good faith interactive process with Plaintiff to determine

Employment,  Litigation

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