Employees May Be Liable for an Employer's Attorneys' Fees Incurred in Successfully Defending Meal
August 9, 2010
By: Garrett V. JensenThe 3rd District Court of Appeals recently held in Kirby v. Immoos Fire Protection that Labor Code Section 218.5 provides for fee shifting in favor of the party that prevails on a claim for unpaid wages and specified benefits; however, it does not allow e...
Read More posted by: on: Aug 10, 2010 @ 03:09
Noncompete And Nonsolicitation Agreements That Are So Broadly Worded As To Impose Restraint On Emplo
October 20, 2009
By Nancy N. Lubrano
The California Court of Appeal recently ruled in Dowell v. Biosense that noncompete and nonsolicitation agreements that prohibited departing employees from rendering services to any competing organization and from soliciting or assisting others ...
Read More posted by: on: May 10, 2010 @ 05:12
Staffing Models, When Merely Recommendations, Do Not Constitute A Sufficient Basis For Class Cert.
By Garrett Jensen
April 15, 2010
The United States District Court for the Central District of California recently issued an order denying Plaintiffs' Motion for Class Certification in two companion cases, Spainhower v. U.S. Bank and Williams v. U.S. Bank. Plaintiffs, in-store bank m...
Read More posted by: on: Apr 15, 2010 @ 12:09
Appellate Court Affirms Denial Of Class Certification of Restaurant Managers
April 12, 2010
By Garrett Jensen
In the recent decision of Arenas v. El Torito Restaurants, California's Second Appellate District affirmed the trial court's denial of class certification of salaried managers at El Torito, El Torito Grill, and Guadalaharry's restaurants. Plain...
Read More posted by: on: Apr 12, 2010 @ 12:14
Employee Kin Care Leave Protection Does Not Apply Where Paid Sick Leave Is Uncapped
By Nancy N. Lubrano
February 19, 2010
In McCarther v. Pacific Telesis Group, Inc., the California Supreme Court ruled in favor of employer Pacific Telesis in holding that Labor Code section 233 does not apply where the employer's sick leave policy provides for an uncapped num...
Read More posted by: on: Apr 09, 2010 @ 03:51
Dealer's Rights During These Challenging Times In The Automobile Industry
By Nancy N. Lubrano
March 9, 2010
The recent sweeping closures of automobile dealerships as a result of termination by the manufacturers may have dealers marching into court. The Automobile Dealer’s Day in Court Act ("ADDCA") provides dealers with legal recourse des...
Read More posted by: on: Apr 09, 2010 @ 03:44
No More Absolute Protection Of Witness Statements Taken By Attorneys
By Nancy N. Lubrano
March 4, 2010
In Coito v. Superior Court, California’s 5th Appellate District held that witness statements taken by an attorney (or an attorney’s representative) do not constitute attorney work product. Although, the court held, that witness statements taken by an a...
Read More posted by: on: Apr 09, 2010 @ 03:36
W&Z Obtains $10.4 Million Products Liability Verdict
Frank D'Oro (Senior Partner/Los Angeles Office) successfully argued a products liability lawsuit against the manufacturer of a punch press machine. The manufacturer failed to recall the machine despite its multiple violations of nationwide safety standards. As a result of an omitted safe...
Read More posted by: on: Apr 09, 2010 @ 12:03
Video Surveillance In The Workplace And Employee Privacy Rights
By Nancy N. Lubrano
August 3, 2009
Employees have a reasonable expectation of privacy in the workplace. Any intrusion on the privacy rights must be sufficiently offensive or serious to give rise to liability.In Hernandez, et al. v. Hillsides, Inc., two plaintiffs sought recov...
Read More posted by: on: Apr 09, 2010 @ 11:55
Extending The Firefighter's Rule To Off-Duty Peace Officers
If a person negligently starts a fire, they are generally not liable for injuries sustained by firefighters who attempt to put out the fire.
This longstanding principle, known as the “firefighter’s rule”, bars a firefighter or police officer from recovering from any pe...
Read More posted by: on: Nov 30, 2009 @ 01:35
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