In the case of Nadaf-Rahrov v. Neiman Marcus 166 Cal.App.4th at 952, a California Court of Appeal reversed the trial judge’s decision which had held that an employer “was not required to wait indefinitely for [the employee’s] medical condition to improve” so that she could perform an available job. Plaintiff…
California Employment Lawyer Blog
Fakhimi & Associates in association with other counsel settles trucking overtime class action.
Attorneys of Fakhimi & Associates along with other co-counsel and associated counsel were able to reach a settlement agreement on a class action on behalf of truckers working for a central California company hauling petroleum products. The settlement provides for payment of a lump sum to be distributed between all…
New DOL wage and hour opinion letter.
On March 6, 2009, the United States Department of Labor (DOL) released two Opinion Letter FLSA2009-16 which approved “compressed work schedule” by employers. although at first glance this opinion letter may seem to undermine the single workweek rule of Fair Labor Standards Act, in reality the specific situation addressed by…
New Developments in Labor Law (2008)
Beginning January 1, 2009, California’s Senate Bill 940 creates new requirements for employers in the temporary service field. Although current laws require employers to pay employees at least twice a month, new law mandates that temporary service employers pay employees on a week to week assignments weekly and those working…
New Changes to FMLA
It generally takes months and years before a piece of legislation such as the Federal Medical Leave Act (FMLA) can become law. However, apparently in the last 60 days of an administration, the outgoing president can get new rules onto the books without input from congress. This is sometimes called…
Repeat Labor Code Offenders.
Last year I had the opportunity to represent a couple who worked for a rather large bakery for close to two years. These two young Hispanic workers were cheated out of the overtime they worked by their employer. Once we contacted the employer I was surprised to encounter a rather…
Attorney’s Fees and their Propriety in Litigation.
Many critiques, especially those who represent employers, argue that statute which make the prevailing employees entitled to attorney’s fees should be amended as such laws promote litigation. I disagree! Major corporations and most businesses have lawyers on staff or retainer and at the first indication of litigation they will unleash…
What Is a Case’s Value?
Our civil justice system is about providing Plaintiff or the party who brings an action or lawsuit with remedies. These remedies can either be in the form of damages or what are called injunctive remedies. Damage generally refers to monetary awards, while injunctive relief can be an order from the…
Does Mediation Work for Employment and Discrimination Cases?
Simple answer is YES. I have litigated every kind of employment law case you can think of. I have been involved in retaliation cases which had to do with an employee complaining of: sexual harassment, sexual discrimination against an employee or an applicant, or violations of the law. I have…
Why I Still Believe in Class Actions
Class Actions as a tool of addressing legal matters and class action lawyers as a whole have been the subject of much attack and criticism by the business industry and some in the media for the past decade or so. The criticism has also made its way into the halls…