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Employers May Recover Costs in Employment Cases
September 1, 2017 • Shirley A. Gauvin
Category: Legal Updates
Ever wonder if you can recover litigation costs in employment cases? On August 15, 2017, in Sviridov v. City of San Diego, the court made it clearer for employers.
Two years ago, in Williams v. Chino Valley Independent Fire Dist., the Supreme Court explained that prevailing employers in employment cases can generally only recover costs if the employee’s action was objectively without foundation – an extraordinarily high standard. However, Williams was not asked to consider and did not answer the question of whether costs may properly be awarded in a FEHA action pursuant to a Section 998 offer. That issue was before the court in Sviridov.
For the first time ever, the California Labor Commissioner fined a general contractor nearly $250,000 for wage and hour violations committed by its subcontractor, who had been hired for a hotel construction project in Southern California. This decision is significant for businesses that use subcontractors.
Attorney Journal Article: White Glove Service for San Diego's Hospitality Industry- Peter Maretz
August 29, 2017
Category: Publications
San Diego shareholder and attorney Peter Maretz is making headlines in Attorney Journal San Diego! Check out his article on the Attorney Journal website for a great photograph of the firm!
An Update on the Ability of the Police to Search Hotel Records
June 16, 2017 • John R. Hunt
Category: Publications
Last year, the U.S. Supreme Court issued a decision that placed restrictions on the ability of law enforcement officers to inspect hotel guest registers and other records. Many local laws, which had authorized unlimited police inspections, suddenly were rendered unconstitutional. This article reviews that decision and discusses the developments that have occurred in this area during the past year.
Until recently, hotels in many jurisdictions routinely provided the police with access to their guest registers without much concern about the privacy issues that might be involved. After all, numerous cities and towns possessed ordinances that required hotels to collect specific guest information and allowed the police inspect the information upon request. A failure to allow access could result in a fine or in some cases, jail time.
EEO-1 Amendments on Pause, Working Families Flexibility Act May Convert Overtime to Comp Time, Update on Proposed Change to Federal Overtime Regulations, and more.
Mendoza (Christopher) V. Nordstrom, Inc. (Gordon, Intervener)
This case was brought in California state court, then Nordstrom removed to federal court. Most California employers have operated under the assumption that they could assign work to employees for seven or more consecutive days so long as they paid the overtime premiums.
This quarter’s newsletter includes useful information about Federal and California law updates.
EEOC on Retaliation, Class Action Waivers and the NLRA, New Information for EEO-1 Filings, and more.
Stokes Wagner Wins Rare Misclassification Case: Beverly Hills Hotel Sommelier Deemed "Learned Professional"
August 8, 2016
Category: Press Releases
LOS ANGELES, CA (8/8/16): In a two-week arbitration before retired Judge Luis Cardenas, the Stokes Wagner team successfully defeated the claims of Nino O’Brien, former sommelier at the legendary Polo Lounge at the Beverly Hills Hotel. Mr. O’Brien claimed he was improperly classified as a manager since the start of his employment in 2008 and, therefore, was owed $216,743.57 for unpaid overtime, missed meal and rest breaks, and liquidated damages.
Stokes Wagners Wins Jury Verdict for Hotel Bel-Air & Wolfgang Puck
June 15, 2016
Category: Press Releases
LOS ANGELES, CA (6/14/16): After a three-week trial, a Los Angeles jury returned a rare defense verdict in favor of Hotel Bel-Air and its Wolfgang Puck Restaurant. Seeking $5.1 Million in compensatory damages plus punitive damages, Carney Shegerian and his team of three lawyers and other technical support staff – California plaintiffs’ attorneys advertising a 95% success rate – was defeated by Stokes Wagner, including Arch Stokes, Peter Maretz, Diana Dowell, Adam Parry, Shirley Gauvin and paralegal Eleanor McCloskey. Mr. Stokes asked the jury to award Zero, and that is what they did.