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Wagner Legal Group, P.C.

Wagner Legal Group, P.C.

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Employment

March 10, 2018

Temporary Staffing Agency Found Not Liable For Failure To Enforce Required Meal Breaks

In Serrano v. Aerotek, Inc., the Court of Appeal affirmed a lower court decision in holding that a temporary staffing agency satisfied its obligation under Section 226.7 of the Labor Code to provide meal breaks. The Court reasoned that Aerotek provided employees with a handbook that set forth the

Employment,  Litigation

March 10, 2018

California Supreme Court Weights In On How To Calculate Per-Hour Value Of A Flat-Sum Bonus

In Alvarado v. Dart Container Corporation of California, the Supreme Court of California held that the per-hour value of a flat-sum bonus earned during a single pay period should be calculated, for the purpose of determining the employee’s overtime compensation, by dividing the amount of the bonus

Employment,  Litigation

February 28, 2018

The EDD Must Pay Erroneously Withheld Unemployment Benefits At A Rate Of 10 Percent Interest

In Brown v. California Unemployment, the Court of Appeals overturned a lower court’s determination that unemployment benefits wrongfully withheld from Plaintiff by the Employment Development Department (EDD) must be paid at an interest rate of 7 percent. The Court clarified that 10 percent is the

Employment,  Litigation

January 10, 2018

Absence Of A Valid Constructive Discharge Claim Does Not Preclude A Finding Of Discrimination

In Simers v. Los Angeles Times Communications, the Court of Appeal affirmed a lower court decision setting aside a jury verdict finding for Plaintiff on a constructive termination claim. Plaintiff was a prominent sports columnist for the Los Angeles Times who was demoted from his position and placed

Employment,  Litigation

December 22, 2017

A Physiological Cause Must Be Shown To Prevail On Obesity-Related Discrimination Claims Under The FEHA

In Cornell v. Berkeley Tennis Club, the Court of Appeal considered various causes of action brought by a former employee of Berkeley Tennis Club, including claims for disability discrimination, failure to accommodate her disability, and disability harassment under the Fair Employment and Housing Act

Employment,  Litigation

December 22, 2017

Appellate Court Vacates Lower Court Decision Bifurcating A PAGA Claim

In Lawson v. ZB, NA, the Court of Appeal issued a writ directing the trial court to vacate its order bifurcating the underpaid wages portion of Plaintiff’s claim brought under the Private Attorney Generals Act (PAGA) and compelling Plaintiff to arbitrate that portion of the claim. The Court noted

Employment,  Litigation

December 22, 2017

Cosmetology Students Are Not Employees Under The FLSA

In Benjamin v. B&H Education, the 9th Circuit upheld a trial court’s declaration that plaintiff cosmetology students are not entitled to recover wages because they are not employees within the meaning of the Fair Labor Standards Act (FLSA), or under California and Nevada state law, even though a

Employment,  Litigation

March 3, 2017

IWC Order Authorizes Waiver Of One Meal Break For Shifts Greater Than Twelve Hours

In Gerard v. Orange Coast Memorial Medical Center, the Court of Appeal held that an order of the Industrial Welfare Commission (IWC) authorizing employees to waive one of their two meal breaks, statutorily-guaranteed by virtue of working at least a 12-hour shift, was valid and did not contravene a

Employment,  Litigation

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