In Templo Calvario Spanish Assembly of God v. Gardner Construction Corporation, the Court of Appeals held thatthe Contractors’ State License Law does not automatically void all contracts entered by unlicensed contractors, and thus an arbitrator’s ruling involving a contract dispute with a
Employee Of Independent Contractor Cannot Sue The Company That Hired The Independent Contractor
In SeaBright Insurance Co. v. US Airways, Inc., the California Supreme Court held that an employee of an independent contractor who was injured in the workplace could not sue the party that hired the contractor company to do the work, even when this party failed to comply with workplace safety
No Interference With California Family Rights Act If Employee Does Not Return Within 12 Weeks
In Rogers v. County of Los Angeles, the Court of Appeals held that an employee cannot pursue a claim for interference with her rights under the California Family Rights Act (“CFRA”) if she is out on leave more than 12 weeks. There, the plaintiff, Rogers, worked for the County for 36 years, the
“Me Too” Evidence Permitted In Wrongful Termination Case
In Pantoja v. Anton, the Court was asked to decide whether the trial court erred in not allowing the jury to hear “me too” evidence, that is, evidence of the employer’s alleged gender bias in the form of harassing activity against women employees other than the plaintiff. In particular, the “me too”
Supreme Court Rejects Largest Ever Proposed Cass Action In Wal-Mart v. Dukes
On June 20, 2011 the U.S. Supreme Court rejected the proposed class action lawsuit by over 1.5 million former and current female employees of Wal-Mart. The lawsuit alleged that the nation’s largest private employer discriminated against women tem in terms of pay and promotions throughout its 3,400
Employees May Recover 2 Hours Of Premium Pay Per Day If The Employer Denies Them Both Meal Breaks and Rest Periods
In UPS v. Superior Court (Los Angeles), the California Court of Appeal held that Labor Code section 226.7 permits up to two premium payments per work day. There, UPS was sued by numerous employees who were seeking compensation for UPS’s alleged failure to provide meal breaks and rest periods
The Types And Benefits of Alternative Dispute Resolution
The Wagner Legal Group strongly believes in Alternative Dispute Resolution, such as pre-litigation mediation, settlement conferences, neutral evaluation, and arbitration. In fact, more and more courts are demanding that parties engage in dispute resolution, even if suit has already been filed. For a
Owners Can Recover The Costs To Care For A Pet Wrongfully Injured By Another
Recently, in Kimes v. Grosser, the California Court of Appeal held that a pet owner can recover the costs of care of the pet attributable to the injury cause by another if the costs are found to be reasonable and necessary. In Kimes, the plaintiff alleged that his neighbor, the defendant, shot his