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Wagner Legal Group, P.C.

Wagner Legal Group, P.C.

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Mark H. Wagner

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

March 25, 2012

California Reacts To Privacy Concerns Over Social Media Usernames And Passwords

Recently, news spread that companies were asking job applicants and/or employees for their Facebook and other social media passwords.  Many raised the question whether this was legal.  Of course, there was also the debate about whether this was the right thing to do or simply bad business.  In

Employment

February 19, 2012

Appellate Court Upholds Trial Court’s Ruling Holding That An Arbitration Provision Is Unconscionable

In Ajamian v. CantorCO2e, the Court of Appeal held that an arbitration provision in an employment contract was both procedurally and substantively unconscionable and the trial court did not abuse its discretion in finding it unconscionable.  It also held the trial court properly found that the

Alternative Dispute Resolution,  Employment,  Litigation

February 10, 2012

Court Reverses Class Action Judgment After Trial And Orders The Class Be Decertified

This was a class action alleging claims of misclassification brought under various provisions of the California Labor Code, as well as conversion and unfair competition, claiming that certain business bankers were misclassified.  Defendant U.S. Bank claimed that the employees were properly

Employment,  Litigation

February 6, 2012

Appellate Court Upholds Trial Court’s Ruling That Arbitration Provision Is Unconscionable

In Mayers v. Volt Management Corp, the Court of Appeals ruled that an arbitration agreement was unconscionable.  There, Plaintiff filed a lawsuit against his former employer alleging several claims under the California Fair Employment and Housing Act (“FEHA”). The Defendant filed a motion to compel

Alternative Dispute Resolution,  Employment,  Litigation

January 13, 2012

U.S. Supreme Court Protects Religious Organization From Suit By Former Teacher

In Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission, 132 S. Ct. 694 (2012), the United States Supreme Court ruled in favor a religious organization being sued by a former teacher.  There, a former employee filed a charge with the E.E.O.C. claiming that

Employment,  Litigation

January 7, 2012

Court Upholds Invalidation of Pre-Employment Arbitration Clause

In Wisdom v. AccentCare, Inc. 202 Cal.App.4th 591, (2012), the Court held that an arbitration agreement found in a pre-employment application was both procedurally and substantively unconscionable.  The Court held that the arbitration provision was procedurally unconscionable “because its language

Alternative Dispute Resolution,  Employment,  Litigation

September 5, 2011

Court Holds That $250,000 Statutory Cap On Non-Economic Damages Is Constitutional

In Stinnett v. Tam, the California Court of Appeals held that that Medical Injury Compensation Reform Act’s $250,000 cap on non-economic damages was constitutional. Holly Stinnett sued, among others, Tony Tam, M.D. and Modesto Surgical Associates, for the wrongful death of her husband due to

Litigation,  Personal Injury

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