Mark H. Wagner

In Siri v. Cutter Home Winery, Inc., the Court held that the implied taxpayer privilege did not preclude an employee from speaking up when she discovers that her employer is filing incorrect returns, nor does it preclude a wrongful termination claim if the employee is discharged for doing so.  The

In Furry v. East Bay Publishing, the Court held that imprecise evidence by an employee can provide a sufficient basis for damages when the employer fails to keep accurate records of the employee's work hours, but an employee is not entitled to premium or regular pay for missed meal breaks if he

In Gerard v. Orange Coast Memorial Medical Center, the Court stated thata wage order of the Industrial Welfare Commission (“IWC”) permitting health care employees to waive their second meal period break if they work shifts longer than 12 hours did not violate the Labor Code. The Court noted that

In Biel v. St. James School, the Court stated that the First Amendment's ministerial exception to generally applicable employment laws did not bar a teacher’s claim against the Catholic elementary school that terminated her employment. The Court noted that factors to consider in whether an employee

In Huerta v. Kava Holdings, the Court held that Code of Civil Procedure Sec. 998 does not apply to non-frivolous Fair Employment and Housing Act (“FEHA”) litigation that predates the application of the amended version of Government Code Sec. 12965(b). Defendant terminated two restaurant servers

In Garcia v. Border Transportation Group, LLC, the Court ruled that the California Supreme Court’s Dynamex “suffer or permit to work” standard for determining whether a worker is properly considered an employee or an independent contractor applies to wage order claims, and the Borello standard