Jamerson C. Allen

Prevailing Parties Cannot Recover Attorney’s Fees for Meal or Rest Violations under California Law
Jamerson C. Allen,Mark S. Askanas, May 9, 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, April 27, 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, March 26, 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.,...