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Wagner Legal Group, P.C.

Wagner Legal Group, P.C.

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Mark H. Wagner

August 29, 2016

The FEHA Requires Employers To Provide Reasonable Accommodations For Employees Who Associate with Disabled Persons

In Castro-Ramirez v. Dependable Highway Express, Inc., the Court of Appeal declared that the FEHA prohibits discrimination towards employees with disabilities and employees who have an existing association with a disabled person. The Court held that the FEHA provides broader protections than the

Employment,  Litigation

July 28, 2016

Death Knell Doctrine Does Not Apply When PAGA Claims Are Still Pending

In Young v. REMX, Inc., the Court of Appeal upheld a trial court order compelling arbitration of Plaintiff’s individual claims, dismissing her class claims, bifurcating her representative claim pursuant to the Labor Code Private Attorneys General Act (PAGA), and staying the PAGA claim pending

Employment,  Litigation

July 28, 2016

Equitable Tolling Applied To Racial Discrimination Case Brought Under The FEHA

In Mitchell v. Department of Public Health, the Court of Appeal overturned a trial court’s determination that a Plaintiff’s claim for racial discrimination against his former employer should be dismissed by reason of Plaintiff’s failure to file suit within the relevant statute of

Employment,  Litigation

June 28, 2016

Co-Employee Mistakenly Named As A Defendant Could Not Recover Attorney’s Fees

In Ramos v. Garcia, Plaintiff prevailed on a number of wage and hour claims against two of his former employers, but failed to prevail against a third defendant, whom the trial court deemed to be a manager and co-employee, not an employer. The trial court awarded attorneys’ fees to the third

Employment,  Litigation

June 24, 2016

Former Employee’s Challenge Of Arbitration Agreement Denied

In Harris v. TAP Worldwide, LLC, the validity of an arbitration agreement appended to an employee handbook was at issue. Plaintiff received an employee handbook that conspicuously referenced an attached appendix dealing with the company’s arbitration policies, as well as a separate “Agreement to

Employment,  Litigation

June 22, 2016

Court Overturns Grant of Summary Judgment For Employer In Disability Discrimination Case

In Moore v. Regents of the University of California, a former employee filed multiple causes of action under the California Fair Employment and Housing Act (FEHA) against her former employer, including disability discrimination, failure to accommodate, failure to engage in the interactive process,

Employment,  Litigation

June 10, 2016

School Employees Are Not Entitled To Unemployment Benefits During The Summer Months

In United Educators of San Francisco v. California Unemployment Insurance Appeals Board, the Court interpreted the language of section 1253.3 of the California Unemployment Insurance Code. In accordance with the intent of the legislature, the Court determined that school employees who have received

Employment,  Litigation

May 8, 2016

Employers May Round Time Stamps To Nearest Quarter-Hour Under Certain Circumstances

In Corbin v. Time Warner Entertainment-Advance/Newhouse Partnership, a former employee sued his employer for lost compensation. The 9th Circuit upheld the lower court’s grant of summary judgment for the employer, holding that the employer’s policy of rounding employee time stamps to the nearest

Employment,  Litigation

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