martindale.com
Legal Library
|
Jackson Lewis LLP San Francisco, CA Document Search Results (36) Show: results per page Sort by:  | Car Wash Operator Found Liable for Unpaid Wages, Penalties as Successor of Unrelated Business
Mark S. Askanas; Jackson Lewis LLP;
Legal Alert/Article May 29, 2012, previously published on May 25, 2012 A car wash was liable for unpaid wages and penalties owed by a separate and unrelated business that had operated a car wash at the same location before the property owner evicted it, the California Court of Appeal has held under Section 2066 of the California Labor Code, which applies exclusively...
| | Partner Could Sue Partnership for Retaliation under FEHA, California Appeals Court Rules
Mark S. Askanas; Jackson Lewis LLP;
Legal Alert/Article May 22, 2012, previously published on May 21, 2012 A physician-partner in a medical practice could assert a retaliation claim under the California Fair Employment and Housing Act, the California Court of Appeal has held, reversing a judgment in favor of a medical partnership. Fitzsimons v. California Emergency Physicians Med. Group, No. A131604...
| | Prevailing Parties Cannot Recover Attorney’s Fees for Meal or Rest Violations under California Law
Jamerson C. Allen, Mark S. Askanas; Jackson Lewis LLP;
Legal Alert/Article May 9, 2012, previously published on May 8, 2012 The California Supreme Court has reversed an award of attorney’s fees to an employer that successfully defended a claim for failure to provide rest periods mandated under Section 226.7 of the California Labor Code. Kirby v. Immoos Fire Protection, Inc., No. S185827 (Cal. Apr. 30, 2012). In a...
| | Duty to Show Up for Work Trumps ADA Accommodations Claim by NICU Nurse with Fibromyalgia
Jamerson C. Allen, Mark S. Askanas, Michael A. Griffin; Jackson Lewis LLP;
Legal Alert/Article April 27, 2012, previously published on April 25, 2012 Just how essential is showing up for work on a predictable basis? In the case of a neonatal intensive care unit nurse, attendance “really [was] essential,” the federal appeals court in San Francisco has ruled. Samper v. Providence St. Vincent Med. Ctr., No. 10-35811 (9th Cir. Apr. 11,...
| | California Public Policy Invalidates Parties' Choice-of-Law Agreement, Federal Appeals Court Holds
Jamerson C. Allen; Jackson Lewis LLP;
Legal Alert/Article March 26, 2012, previously published on March 22, 2012 A Georgia choice-of-law provision in a contract entitled, "Independent Truckman's Agreement," between California truck drivers and a Georgia company was unenforceable based on California public policy, the federal appeals court in San Francisco has held. Ruiz v. Affinity Logistics Corp.,...
| | Public Entity May Be Vicariously Liable for Negligent Hiring, Retention and Supervision of Worker
Kathleen Maylin; Jackson Lewis LLP;
Legal Alert/Article March 22, 2012, previously published on March 21, 2012 Reversing dismissal of a complaint against a California school district, the California Supreme Court has held that a public school district could be held vicariously liable for the negligence of supervisory or administrative personnel who allegedly knew or should have known of a school guidance...
| | Court, Not Arbitrator, Decides on Unconscionability of Arbitration Agreement in California
Mark S. Askanas; Jackson Lewis LLP;
Legal Alert/Article March 2, 2012, previously published on March 1, 2012 Denying an employer’s request to arbitrate an employee’s discrimination, harassment, and wage-related claims, the California Court of Appeal has held that courts, not arbitrators, had the power to decide whether an arbitration agreement was unconscionable. This is so even where an...
| | Recruiter Qualified under California Commissioned Salesperson Exemption, Not Entitled to Overtime
Jamerson C. Allen; Jackson Lewis LLP;
Legal Alert/Article February 16, 2012, previously published on February 15, 2012 Ruling a recruiter was a commissioned salesperson because his job involved sales and his compensation was based on those sales, the California Court of Appeal, Fourth Appellate District, has rejected an employee’s claims for unpaid overtime against his employer on behalf of himself and a...
| | Due Process Concerns Sinks Overtime Class Action against Employer, California Court Rules
Mark S. Askanas; Jackson Lewis LLP;
Legal Alert/Article February 16, 2012, previously published on February 15, 2012 Reversing a $15 million judgment against an employer in a class action for alleged unpaid overtime, the California Court of Appeal, First Appellate District, has held that the trial court’s trial management plan, which used sampling evidence to prove class liability, denied the employer due...
| | Arbitration Agreement in Employment Application Unconscionable, Unenforceable, California Court Rules
Jamerson C. Allen, Mark S. Askanas; Jackson Lewis LLP;
Legal Alert/Article January 23, 2012, previously published on January 20, 2012 A provision in an employment application requiring the applicant, but not the employer, to submit all disputes to arbitration was both procedurally and substantively unconscionable, and therefore unenforceable, the California Court of Appeal, Third Appellate District, has ruled. Wisdom v....
|
|