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Wagner Legal Group, P.C.

Wagner Legal Group, P.C.

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Litigation

December 18, 2018

Wage Order Permitting Health Care Workers To Waive Their Second Meal Period for 12+ Hour Shifts Is Lawful

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

Employment,  Litigation

November 24, 2018

Teacher in Non-Ministerial Job Was Permitted To Pursue Employment Claims Against Religious Institution

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

Employment,  Litigation

November 24, 2018

C.C.P. Sec. 998 Does Not Apply To Non-frivolous FEHA Claims

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

Employment,  Litigation

October 29, 2018

Court Rules Different Independent Contractor Tests Apply To Different Claims

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

Employment,  Litigation

July 6, 2018

A Preprinted Release In A Workers’ Compensation Case Was Not A General Release Waiving All Employment Claims

In Camacho v. Target Corporation, the Court addressed a workers’ compensation waiver and whether it constituted a general waiver.  The plaintiff filed a lawsuit for discrimination based on sexual orientation, harassment causing a hostile work environment, failure to prevent harassment and

Employment,  Litigation

May 26, 2018

Waiting Time Penalties Are Tied To Willful Employer Underpayment And Courts Lack Discretion To Waive Them

In Diaz v. Grill Concepts Services, Inc. the Court of Appeal affirmed a trial court decision finding an employer liable for waiting time penalties. Here, defendant employer was required to pay its employees a living wage subject to an ordinance promulgated by the Los Angeles City Council. When the

Employment,  Litigation

May 23, 2018

Aggrieved Employees May Bring Representative PAGA Claims For All Labor Code Violations

In Huff v. Securitas Security Services USA, Inc., the Court of Appeals agreed with the lower court’s interpretation of the Private Attorneys General Act (PAGA) in holding that a person personally affected by at least one Labor Code violation committed by an employer – an “aggrieved employee” – may

Employment,  Litigation

May 22, 2018

Representative PAGA Claims Do Not Require Proof Of Injury Or A Knowing And Intentional Violation.

In Raines v. Coastal Pacific Food Distributors, the Court of Appeal affirmed in part, and reversed in part, a decision by the trial court granting Defendants’ motion for summary judgment on claims brought by Plaintiff under the Private Attorneys General Act (PAGA), in both a representative and

Employment,  Litigation

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