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Wagner Legal Group, P.C.

Wagner Legal Group, P.C.

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Archives for May 2019

May 28, 2019

Court Restricts A Prevailing Employer’s Ability To Recover Attorneys’ Fees Against An Employee Who Unsuccessfully Brings A Wage Claim

In Dane-Elec v. Bodokh, the Court examined whether an employer may recover attorney fees incurred in successfully defending a wage claim, found not to have been brought in bad faith, when the wage claim was inextricably intertwined with a contract claim for which the employer would otherwise be

Business Litigation,  Employment,  Litigation

May 23, 2019

Wrongfully Terminated Employee Is Not Entitled To Damages For Increased Tax Liability As A Result Of A Lump Sum Backpay Award

In Barber v, State Personnel Board (Department of Corrections and Rehabilitation), the Court examined whether an employee can recover damages for his increased tax liability for having received a lump sum back pay award.  Plaintiff was terminated from his job and filed a complaint with the

Employment,  Litigation

May 4, 2019

The “ABC” Test As Defined In Dynamex Is To Be Applied Retroactively

In Vazquez v. Jan-Pro Franchising International, Inc., the Court discussed the application of Dynamex Ops. W. Inc. v. Superior Court, 4 Cal.5th 903 (2018) and the “ABC” test.  The “ABC test” was adopted by the California Supreme Court in Dynamex.  The test requires the hiring entity to establish

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