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Case Summary: Perez, et al. v. Mortgage Bankers Ass’n, 135 S.Ct. 1199 (2015)

Courts May Not Dictate to Agencies the Procedure They Must Use to Change the Interpretation of Their Regulations; Mortgage Loan Officers Do Not Qualify for the FLSA Administrative Exemption. Perez, et al. v. Mortgage Bankers Ass’n, 135 S.Ct. 1199 (2015) The Fair Labor Standards Act of 1938 (FLSA)[i] “establishe[s] a ….

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Khalatian v. Prime Time Shuttle, Inc., (2015) 237 Cal.App.4th 651

The FAA Preempts the Labor Code Where an Arbitration Clause Provides for Arbitration of Controversies or Claims Arising Out of the Underlying Contract and the Party Seeking to Enforce Shows the Contract’s Subject Matter Involves Interstate Commerce. Khalatian v. Prime Time Shuttle, Inc., (2015) 237 Cal.App.4th 651 Plaintiff was an ….

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The DIR’s Promulgation of Regulations is Not Subject to APA Notice and Hearing Requirements

Vector Resources, Inc. v. Baker (2015) 237 Cal.App.4th 46 Defendant Christine Baker (Baker), Director of the Department of Industrial Relations (DIR), issued a decision determining that Vector Resources, Inc. (Vector) had failed to pay the appropriate prevailing wages to it employees who worked on public works projects for the San ….

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Pinela v. Neiman Marcus Group, Inc. (2015) 238 Cal.App.4th 227

A Mandatory Arbitration Agreement With a Choice of Law Clause and a Clause Delegating Interpreting Authority to the Arbitrator Is Procedurally and Substantively Unconscionable. Employer Neiman Marcus Group (NMG) compelled arbitration of Plaintiff’s wage claims, in part,[i] after Plaintiff moved for certification in a wage and hour class action.[ii] The ….

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Verdugo v. Alliantgroup, L.P. (2015) 237 Cal.App.4th 141

Forum Selection Clauses in Employment Agreements May Not Diminish Unwaivable Rights Preserved by the California Labor Code Plaintiff brought a wage and hour class action against her Texas employer and the trial court granted the employer’s motion to stay the suit based on a mandatory forum selection clause in the ….

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Noe v. Super. Ct. (2015) 237 Cal.App.4th 316

Labor Code Section 226.8 Extends Liability to Any Employer Who is Aware That a Co-Employer Has Willfully Misclassified Their Joint Employees and Fails to Remedy the Misclassification, But the Section Does Not Confer a Private Right of Action. Noe v. Super. Ct. (2015) 237 Cal.App.4th 316 Anschutz Entertainment Group (AEG) ….

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Reyes v. Dollar Tree Stores, Inc., 781 F.3d 1185 (9th Cir. 2015)

Certification of a Broader Class than That Originally Requested by Plaintiff Effectively Amended the Complaint, Thereby Justifying Subsequent CAFA Jurisdiction/Removal Even After Initial 30 Days On April 1, 2015,[i] the Ninth Circuit issued two decisions that further defined the scope of amount-in-controversy removal jurisdiction under the Class Action Fairness Act ….

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Case Summary: Henson v. C Overaa & Co. (2015) 238 Cal.App.4th 184

Contractors for Public Works Projects Who Employ Apprentices Need Only Hire Apprentices in the Same Occupation as the Contractor’s Journeymen. Henson v. C Overaa & Co. (2015) 238 Cal.App.4th 184 Plaintiffs, pipefitter apprentices, alleged they lost prevailing wages and on-the-job training hours when the employer refused to hire apprentices from ….

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Wrongful Termination Process with Lawyer Assistance

If you’ve been fired unjustly, the employer could have to pay you much more than the wages he deprived you of. Otherwise, if all the company ever owed you was lost wages, there would be no deterrent in place to discourage such unfair treatment of workers. Therefore, wrongful termination settlements ….

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Wrongful Termination – History, Case Examples, and More

Wrongful Termination – History, Case Examples, and More Workers who feel they lost their jobs unfairly do have legal recourse. Wrongful termination is a broad term that covers many situations and scenarios. Here are some examples of situations where a worker should consult an employment or labor attorney. Losing a ….

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Age Discrimination Attorney Takes on Computer Giant Apple

Age Discrimination Attorney Takes on Computer Giant Apple An attorney who was fired from Apple claims it was because of her age and gender. Her lawsuit against Apple shows that age and gender discrimination happens even to highly paid, successful executives, in companies that ‘should know better.’ She filed her ….

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Working Women No Longer Have to Tolerate Pregnancy Discrimination

Working Women No Longer Have to Tolerate Pregnancy Discrimination It’s a familiar story. A woman becomes pregnant, asks her employer for reasonable accommodations so she can continue working, but gets denied. Naturally she complains. Then the bosses retaliate against her, sometimes severely. The law says they can’t do that. Recently ….

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Five Attorneys at The Feldman Browne Olivares Law Firm Named Among the Best Labor and Employment Lawyers in Los Angeles

Five Attorneys at The Feldman Browne Olivares Law Firm Named Among the Best Labor and Employment Lawyers in Los Angeles Top recognition was awarded to our employment lawyers again. Our firm works exclusively to protect the rights of workers. We obtain maximum compensation for harms caused by employers. Lee Feldman …a ….

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California Employee Rights Law Demands Equal Pay for Woman

California Employee Rights Law Demands Equal Pay for Woman Starting last January, women who demonstrate they are paid less than men for substantially similar work can get more than just a raise to equal pay. That’s what a new employee rights law says. Women can be awarded: All the back ….

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More Women Gain Courage to Help Sexual Harassment Lawyers in Suit Against Fox News Chairman Roger Ailes

More Women Gain Courage to Help Sexual Harassment Lawyers in Suit Against Fox News Chairman Roger Ailes On July 7th Gretchen Carlson, former anchor with Fox News, filed a sexual harassment lawsuit against powerful Fox Chairman and CEO Roger Ailes. His attorneys immediately invoked an age-old defense tactic. They scorned ….

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Case Study: Family Leave and Unlawful Termination

Case Study: Family Leave and Unlawful Termination When it comes to family and medical accommodations in the workplace, California laws tend to favor the employee. The employer must attempt to satisfy a request for medical leave, as well as any special accommodations for disabled workers. More recently, employees who sue ….

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Students Hire Class Action Lawyer in Suit Against School

Students Hire Class Action Lawyer in Suit Against School Students of Paul Mitchell’s cosmetology schools claim they were treated more like employees than like students. Their labor attorney says they should be paid for work they did in the schools’ retail studios –  minimum wage plus overtime. But the schools ….

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Court: Misclassification Penalties Can Be Pursued Under PAGA Labor Law

Court: Misclassification Penalties can be Pursued Under PAGA Labor Law Beverage vendors can pursue labor code violations under the state law, a partial victory By Matthew Blake – Daily Journal An appellate court decision on a state law that punishes employers who incorrectly classify their workers as independent contractors contained ….

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Labor Attorney Bails Out Talent Agency Interns

For those who have monitored the fast evolving landscape of the entertainment industry this past year, it has been quite the eventful time to be a labor law attorney. Lately, the slippery slope of unpaid internships has received heightened legal scrutiny after bouts of litigious action has increasingly forced the hand of ….

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Battling Wrongful Termination at Goldman Sachs

A landmark arbitration ruling involving wrongful terminations at a Century City finance company could send a ripple effect to the Downtown LA finance district and all the way to Wall Street.Recently, Investment banking powerhouse, Goldman Sachs, was challenged by two former employees, who were terminated under questionable circumstances. The wrongful termination ….

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Donald Sterling’s Statements & Future Racial Discrimination Lawsuits

Donald Sterling’s Statements & Future Racial Discrimination Lawsuits By: Lee R. Feldman As the whole world knows, Los Angeles Clippers owner Donald Sterling was recently recorded making egregiously racist statements, including telling his girlfriend not to bring Black friends like Magic Johnson to Clippers games. http://www.washingtonpost.com/blogs/early-lead/wp/2014/04/26/clippers-owner-donald-sterling-tells-girlfriend-not-to-bring-black-people-to-games-disses-magic-johnson/. Mr. Sterling has a ….

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Termination Decisions based on Stereotypes & Disability

Termination Decisions based on Stereotypes & Disability By: Alicia Olivares Employers are prohibited from making adverse employment decisions based on stereotypes and generalizations associated with the individual’s disability rather than on the individual’s actual characteristics. Rodriguez v. ConAgra Grocery Products Co. (5th Cir. 2006) 436 F.3d 468, 480-482. Recently, the ….

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CALIFORNIA EMPLOYERS CAN NO LONGER RETALIATE AGAINST EMPLOYEES FOR REPORTING UNLAWFUL ACTIVITY AS PART OF THEIR REGULAR JOB DUTIES

CALIFORNIA EMPLOYERS CAN NO LONGER RETALIATE AGAINST EMPLOYEES FOR REPORTING UNLAWFUL ACTIVITY AS PART OF THEIR REGULAR JOB DUTIES Over the years, a body of federal caselaw developed that eroded protection for employees opposing unlawful conduct. These cases held that an employee whose job duties required that they report illegal ….

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EXTENDED MEDICAL LEAVE: HOW TO PRESERVE YOUR HEALTH WITHOUT RISKING YOUR JOB WHEN FMLA IS NOT ENOUGH.

EXTENDED MEDICAL LEAVE: HOW TO PRESERVE YOUR HEALTH WITHOUT RISKING YOUR JOB WHEN FMLA IS NOT ENOUGH. You have used up all of your 12 weeks of FMLA leave. You have no vacation time left and no more sick days, but due to a mental or physical condition, you are ….

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