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Wagner Legal Group, P.C.

Wagner Legal Group, P.C.

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Blog

March 13, 2020
Mark H. Wagner
Employment
Litigation

Employees Do Not Lose Standing To Pursue PAGA Claims If They Settle Their Individual Claims

In Kim v. Reins International California, Inc., the Court again expanded plaintiff’s rights under the Private Attorney General Act (“PAGA”). The issue was whether an employee who settled his individual […]

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February 29, 2020
Mark H. Wagner
Employment
Litigation

Prior Pay Is Not A Legitimate Reason To Pay Different Sexes Different Salaries; It Violates The Equal Pay Act

In Rizo v. Yovino, the Court examined the Equal Pay Act and what employers can consider when deciding salaries. The question was whether Aileen Rizo’s prior rate of pay was […]

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February 19, 2020
Mark H. Wagner
Employment
Litigation

Employee Must Name Employer In FEHA Complaint

In Alexander v. Community Hospital of Long Beach, the Court held that that the employee must name their employer in the Fair Employment and Housing Act (“FEHA”) complaint. The Court […]

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February 17, 2020
Mark H. Wagner
Employment
Litigation

Mandatory Security Exit Searches By Employer (Apple) Was Sufficient Control To Require Payment Of Wages

In Frlekin v. Apple Inc., the Court concluded that time spent on the employer’s premises waiting for, and undergoing, required exit searches of packages, bags, or personal technology devices voluntarily […]

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January 30, 2020
Mark H. Wagner
Employment
Litigation

Filing A Workers’ Compensation Claim Can Equitably Toll The Deadline For Filing FEHA Claim

In Brome v. California Highway Patrol, the Court held that the filing of a workers’ compensation claim can equitably toll the one-year deadline for filing a discrimination claim with the […]

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January 18, 2020
Mark H. Wagner
Employment
Litigation

Certain Teachers May Be Entitled To Unemployment Benefits

In United Educators of San Francisco v. California Unemployment Insurance Appeals Board (San Francisco Unified School District), the Court addressed which teachers may be able to get unemployment, including during […]

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December 26, 2019
Mark H. Wagner
Employment
Litigation

The Court Must Look At The Written Corporate Policy As Well As The Reality Of Its Application To Determine If There Was A Wage/Hour Violation

In Cacho v. Eurostar, Inc., the Court had to examine what happens when there is an illegally written corporate policy, but that policy was not followed by the company. Plaintiffs […]

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December 21, 2019
Mark H. Wagner
Employment
Litigation

There Must Be An Adverse Action For A FEHA Violation

In Doe v. Department of Corrections and Rehabilitation, the Court held there was no adverse action sufficient to find a violation.  There, John Doe, who used to work as a […]

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December 20, 2019
Mark H. Wagner
Employment
Litigation

An Employment Task Does Not Become Exempt Simply Because The Manager Performs It

In Safeway Wage and Hour Cases, the Court held that an employment task does not become exempt merely because the manager undertakes it in order to contribute to the smooth […]

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December 14, 2019
Mark H. Wagner
Employment
Litigation

Religious Organizations Liable For Clear Retaliation

In Mathews v. Happy Valley Conference Center, Inc., the Court upheld a jury verdict against a religious institution for illegal employment practices. Plaintiff Jeremiah Mathews worked as a maintenance supervisor […]

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