Author Archives: Marc Kroop

Family Medical Leave – Settlement

Family Medical Leave – Settlement

First of all, in February 2017, we achieved a $175,000.00 settlement for our client in regards to family medical leave. The client was a Finance Manager at an Automobile Dealership. She was wrongfully terminated in violation of the California Family Rights Act and California’s Fair Employment & Housing Act.

In July 2016, our client exercised her right to take a Family Medical Leave. She exercised her right due to her own serious medical condition.  In August 2016, the employer refused to return our client to her position upon her return from Family Medical Leave. At that time, the employer asserted in writing that it had no obligation to our client. This was because our client was a “key employee” of the dealership.  In that regard, the employer determined that our client was ineligible for Family Medical Leave. This was due to the fact that she was in the top 10% of wage earners in the company. Thus, she was exempt from the California’s Family Rights Act.

Furthermore, our client was in the top 10% of earners in the company. She earned all of her wages on a commission basis.  There are requirements for the Family Medical Leave key employee exemption to apply. California law requires employers to pay key employees on a salary basis. Our client earned 100% of her wages on commission. The exemption did not apply to our client, so we settled the case in February 2017.

California employees must know and understand their rights when requesting Family Medical Leave for a serious medical condition for themselves or a close family member.  Some employers believe their obligations to the employee ends after the employee exhausts their 12 weeks of unpaid Family Medical Leave in a calendar year.  That’s simply not the case.  Even after an employee exhausts their rights, the employer has additional legal duties to accommodate the employee.  The employer may even be required to provide the employee with additional reasonable unpaid medical leave under the California’s anti-discrimination law (Fair Employment & Housing Act).

How We Can Help You with Family Medical Leave

Finally, please contact us for a free consultation. We can answer your questions about your right(s) with regard to Family Medical Leave or reasonable accommodations. You may call us at (800) 507-9470 and speak directly with one of our partners.

Representation Results In Significant Change In California Meal & Rest Period Law

Representation Results In Significant Change In California Meal & Rest Period Law

We are pleased our representation results in significant change in California meal and rest period law. Advantage Law Group received final judgment in Marine v. Interstate Distributor (Case Number RG07358277, Superior Court of Alameda County).

First of all, the case speaks to Advantage Law Group filed the Marine case on November 28, 2007. The Class Action claim sought recovery for a Class of Local Hourly Truck Drivers employed by the Defendant for alleged Meal & Rest Period violations.  After nearly nine years of litigation, the final order was signed by the court on November 18, 2016.

As a result, the total settlement/recovery in this case is $2.65 million.  The Class is comprised of 710 Local Hourly Truck Drivers employed by the Defendant starting on November 28, 2003.  In addition to paying monetary compensation, the Defendant has agreed, going forward, to comply with California’s Meal & Rest Period requirements.

Also, early on this case the Defendant took the position that California’s Meal & Rest Period laws and regulations did not apply to its Local Hourly Truck Drivers.  Since our Class of Local Hourly Truck Drivers drove exclusively within the state of California and many of those Drivers worked shifts longer than 10 hours on a regular basis, we felt it was important for health and safety reasons to ensure that this Class of Local Hourly Truck Drivers received their proper Meal & Rest Periods.  Hence, the law was not initially in our favor. We advocated our position over the course of nine years through the trial court and appeal.  Consequently our position ultimately prevailed and resulted in a change for the better for our Class.

Most of all the case was important for our clients’ safety. In conclusion it was also important for California drivers who share freeways with our clients.  We’re pleased that our representation results work in this case. It has achieved such a positive result.

Learn More About Our Representation Results

Finally, if you have a legal problem and need some help with your employer or employee? Contact us today for a Free consultation. We have 3 convenient locations to discuss California employment law and your rights:

SAN DIEGO OFFICE

5820 Oberlin Drive, Suite 110
San Diego, CA 92121
Phone: 800-507-9470
Fax: 858-622-9540