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Bernstein & Friedland, P.C. – Los Angeles Employment Counsel – Legal Blog

A Resource for Los Angeles Area Employees and Employers Interested in Wrongful Termination, Discrimination, Harassment, Retaliation, and Unpaid Wage and Overtime News

Court Finds Nonexclusive Insurance Agent May Be Classified as an Independent Contractor

In Arnold v. Mutual of Omaha Ins. Co., 202 Cal. App. 4th 580 (2011), the California Court of Appeal held that a nonexclusive insurance agent working for the defendant (as well as other insurance companies) was not entitled to expense reimbursements, unpaid wages, or related penalties because the company properly classified her as an independent contractor, thereby precluding her entitlement to these employee benefits. In this

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January 14, 2012

Person Who Hires Independent Contractor Cannot Be Held Liable for Injuries to the Worker

In Gravelin v. Satterfield, 200 Cal. App. 4th 1209 (2011), the Court of Appeal considered whether an independent contractor–or the employee of one–can sue the person who hired the contractor for injuries that occurred in the workplace, concluding that they cannot. In this case, the defendants, homeowners in Mendocino County, contracted with DISH Network to replace their existing satellite dish.  DISH Network outsourced the job to

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December 4, 2011

California Court of Appeal Holds Supervisors Cannot Be Personally Liable for Discrimination or Retaliation Against Employees Seeking Military Leaves of Absence

In Haligowski v. Superior Court, 200 Cal. App. 4th 983 (2011), the Court of Appeal considered whether supervisors can be personally liable for discriminating or retaliating against employees who seek time off from work to comply with their military obligations, concluding that they cannot. In this case, the plaintiff was called to active duty with the Navy, and when he returned from his six-month deployment in Iraq

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November 18, 2011

Unlicensed Law Clerk is Exempt from Overtime Pay, California Court of Appeal Finds

Under California law, employees fall within one of two classifications:  (1) nonexempt, hourly employees, who are entitled to overtime pay (and certain other benefits), or          (2) exempt, salaried employees, who are not entitled to overtime pay (or certain other benefits).  Because in many ways it is advantageous for employers to classify employees as exempt (so as to avoid paying overtime, keeping meticulous time

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August 26, 2011

Unlicensed Junior Accountants May Be Exempt Under California Law

In Campbell v. PricewaterhouseCoopers, LLP, 642 F.3d 820 (9th Cir. 2011), the Ninth Circuit considered whether 2,000 unlicensed accountants in California who had sued PricewaterhouseCoopers LLP were categorically ineligible to fall under two exemptions to California’s overtime laws—the professional exemption and the administrative exemption—and concluded that they were not, reversing the trial court’s grant of summary judgment in favor of the plaintiffs. The Court first explained

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June 26, 2011

California Court Approves $1,571,500 Verdict In Favor of Disabled LAPD Officer

In Cuiellette v. City of Los Angeles, 194 Cal. App. 4th 757 (2011), the California Court of Appeal concluded that substantial evidence supported a $1,571,500 verdict in favor of plaintiff Rory Cuiellette, a former Los Angeles Police Department (LAPD) officer, on his claims of disability discrimination and failure to accommodate a disability under the California Fair Employment and Housing Act In this case, the plaintiff had

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May 1, 2011

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