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Wagner Legal Group, P.C.

Wagner Legal Group, P.C.

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Litigation

May 8, 2016

Employers May Round Time Stamps To Nearest Quarter-Hour Under Certain Circumstances

In Corbin v. Time Warner Entertainment-Advance/Newhouse Partnership, a former employee sued his employer for lost compensation. The 9th Circuit upheld the lower court’s grant of summary judgment for the employer, holding that the employer’s policy of rounding employee time stamps to the nearest

Employment,  Litigation

April 28, 2016

Employers Bear The Burden Of Justifying Departures From Preferred Meal And Rest Breaks

In Rodriguez v. E.M.E., Inc., the Court of Appeal considered an employer’s deviation from the “preferred” schedule of meal and rest breaks enumerated in section 12(A) of Wage Order 1-2001. For a daily shift of at least eight hours, employers must provide their employees with a thirty-minute meal

Employment,  Litigation

April 10, 2016

Whether An Employer Must Provide Employee Seating Depends On Totality Of The Circumstances

In Kilby v. CVS Pharmacy, Inc., the Court analyzed California wage order requirements stating that employers must provide their employees with suitable seating under certain circumstances. Plaintiff filed a class-action lawsuit against her former employer CVS Pharmacy, Inc. for failing to provide

Employment,  Litigation

March 2, 2016

Appellate Court Upholds Denial of Motion To Compel Arbitration

In Carbajal v. CWPSC, Inc., the Court upheld a trial court’s ruling to deny a motion to compel arbitration. A former employee filed a lawsuit against the defendant employer for wage and hour claims.  The defendant tried to force her into arbitration. The trial court denied the motion to compel

Employment,  Litigation

January 29, 2016

Former Employee Was Required To Reimburse Employer For Sponsored Training Program

In USS-POSCO Industries v. Case, the Court enforced a contract that required reimbursement for training if the employee left within 30 months of completion of the training. There, the employee entered into a voluntary  employer-sponsored educational program.  He agreed in writing that if he quit his

Employment,  Litigation

December 17, 2015

Class Action Waiver In DIRECTV Service Agreement Is Enforceable

In DIRECTV, Inc. v. Imburgia, the U.S. Supreme Court held that class action waivers were enforceable. The company and its customers entered into a service agreement that included a binding arbitration provision with a class-arbitration waiver. It specified that the entire arbitration provision was

Employment,  Litigation

December 10, 2015

Employer Was Not Required To Inform Employees Of The Right To Revoke Meal Period Waiver

In Palacio v. Jan & Gail’s Care Homes, Inc., the Court upheld the denial of a class certification based on meal period waivers. At the time of hires, employees of Care Homes are required to sign an agreement waiving their right to uninterrupted meal periods in accordance with the facility’s

Employment,  Litigation

October 29, 2015

Default Judgment Was Void When A Statement Of Damages Was Improperly Used

In Dhawan v. Biring, the Court of Appeal again addressed the propriety of using a statement of damages to obtain a default. The Court held that where a complaint did not specify the amount of damages sought, a default judgment was void­ ­­— not merely voidable — and subject to collateral attack at

Litigation

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