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Wagner Legal Group, P.C.

Wagner Legal Group, P.C.

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Employment

March 13, 2020

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 claims could continue with a PAGA claim.  The Court held that employees do not lose standing to

Employment,  Litigation

February 29, 2020

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 a “factor other than sex” that allowed Fresno County’s Office of Education to pay her less than male employees who perform the

Employment,  Litigation

February 19, 2020

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 held that a group of plaintiffs failed to exhaust their administrative remedies against their former employer where

Employment,  Litigation

February 17, 2020

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 brought to work purely for personal convenience by employees is compensable as hours worked

Employment,  Litigation

January 30, 2020

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 Department of Fair Employment and Housing where the workers’ compensation claim put the employer on notice of the

Employment,  Litigation

January 18, 2020

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 summery months.  The Court first noted that under section 1253.3 of the Unemployment

Employment,  Litigation

December 26, 2019

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 David Cacho and Regina Silva asserted class claims against their former employer, Eurostar, Inc., alleging Eurostar

Employment,  Litigation

December 21, 2019

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 psychologist at Ironwood State Prison sued his former employer, the California Department of Corrections and Rehabilitation

Employment,  Litigation

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