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This blog is for discussion purposes only and is intended for practicing attorneys in California. Nothing on this blog constitutes legal advice. If you have a legal question or are involved in a legal matter, you should hire an attorney and conduct your own legal research. You should not rely on anything on this blog in making any decision or taking any action. No attorney-client relationship is formed by this blog, your subscription to this blog, or any communications sent or received via this website.

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This blog is for discussion purposes only and is intended for practicing attorneys in California. Nothing on this blog constitutes legal advice. If you have a legal question or are involved in a legal matter, you should hire an attorney and conduct your own legal research. You should not rely on anything on this blog in making any decision or taking any action. No attorney-client relationship is formed by this blog, your subscription to this blog, or any communications sent or received via this website.

Kelly A. Knight is an attorney and mediator based in Los Angeles, CAlifornia. He handles matters throughout California.

Kelly A. Knight Law Blog Los Angeles mediator and attorney Kelly A. Knight

Jan 23
Jan 23 Khan v. Dunn-Edwards Corp.: a bizarre situation leads to grant of MSJ based on defective PAGA notice that failed to allege that there are other aggrieved employees

Kelly A. Knight
PAGA, Wage-hour

Court of Appeal holds that PAGA notice that failed to state existence of other aggrieved employees was defective and was a basis on which to grant summary judgment.

Jan 22
Jan 22 Sayta v. Chu: yet another reminder to lawyers that retention of jurisdiction under section 664.6 of the Code of Civil Procedure must be sought from the trial court before dismissal

Kelly A. Knight
Civil procedure, Settlement

Yet another cautionary tale about failing to adhere to the procedural requirements for properly invoking retention of jurisdiction under Code of Civil Procedure section 664.6.

Jan 11
Jan 11 Update in Ly v. County of Fresno: California Supreme Court denies review and decertifies the Court of Appeal's opinion

Kelly A. Knight
FEHA & Title VII

Cal. Supremes remove precedential status of Ly v. County of Fresno.

Jan 10
Jan 10 Ninth Circuit holds that the Fair Labor Standards Act only requires the average hourly wage over a workweek to meet the minimum wage, even if some hours are paid at less than the minimum wage.

Kelly A. Knight
Wage-hour

Douglas v. Xerox Business Services, LLC, 875 F.3d 884 (9th Cir. Nov. 15, 2017)

Jan 9
Jan 9 Short take on Lawson v. ZB, N.A.: Fourth District Court of Appeal departs from Esparza, holding that unpaid wages under Labor Code section 558 are recoverable as civil penalties under the PAGA

Kelly A. Knight
PAGA, Wage-hour

Fourth District Court of Appeal holds that civil penalties under Labor Code section 558 include both the default civil penalty plus underpaid wages.

Dec 5
Dec 5 California Court of Appeal opens major hole in rule of PAGA non-arbitrability: post-dispute arbitration agreements

Kelly A. Knight
PAGA, Arbitration

Julian v. Glenair, Inc.: Court of Appeal paves the way for enforcement of post-dispute arbitration agreements in PAGA cases.

Nov 16
Nov 16 California Court of Appeal reaffirms key principle: evidence of pretext is not required to defeat summary-judgment motions in employment cases

Kelly A. Knight
Civil procedure, FEHA & Title VII

Light v. California Department of Parks & Recreation: clear statement from the Court of Appeal that pretext is not required to defeat summary judgment under the McDonnell-Douglas burden-shifting test.

Nov 6
Nov 6 In blockbuster case, Ninth Circuit holds that "tax adjustments" to back-pay awards are an equitable form of relief in Title VII cases.

Kelly A. Knight
Damages, FEHA & Title VII

Ninth Circuit recognizes availability of "tax-consequence adjustments" or tax "gross ups" to compensate for increased income-tax liability resulting from receipt of a lump-sum back-pay award in Title VII cases.

Oct 27
Oct 27 Latest California appellate opinion affirming denial of arbitration provides guidance on unconscionability analysis

Kelly A. Knight
Arbitration

California Court of Appeal provides guidance on application of unconscionability doctrine to employment arbitration contracts

Oct 17
Oct 17 Kelly A. Knight speaks at annual LACBA Nuts & Bolts seminar

Kelly A. Knight

Kelly A. Knight spoke at the Los Angeles County Bar Association Labor & Employment Section's annual Nuts & Bolts of Employment Litigation, presenting the law and practical approaches and strategies for discrimination and harassment cases.

Oct 17
Oct 17 Ly v. County of Fresno: Court of Appeal holds that res judicata applies to FEHA action due to allegations in worker's compensation action

Kelly A. Knight
FEHA & Title VII

Fifth District Court of Appeal holds that workers' FEHA discrimination claims are barred by doctrine of res judicata due to prior allegations made in workers' compensation case.

 
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Kelly A. Knight is a mediator and attorney in Los Angeles, California.

This blog is for discussion purposes only and is intended for practicing attorneys in California. Nothing on this blog constitutes legal advice. If you have a legal question or are involved in a legal matter, you should hire an attorney and conduct your own legal research. You should not rely on anything on this blog in making any decision or taking any action. No attorney-client relationship is formed by this blog, your subscription to this blog, or any communications sent or received via this website.

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This blog is for discussion purposes only and is intended for practicing attorneys in California. Nothing on this blog constitutes legal advice. If you have a legal question or are involved in a legal matter, you should hire an attorney and conduct your own legal research. You should not rely on anything on this blog in making any decision or taking any action. No attorney-client relationship is formed by this blog, your subscription to this blog, or any communications sent or received via this website.

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Admonition: This blog is for discussion purposes only and is intended for practicing attorneys in California. Nothing on this blog constitutes legal advice. If you have a legal question or are involved in a legal matter, you should hire an attorney and conduct your own legal research. You should not rely on anything on this blog in making any decision or taking any action. No attorney-client relationship is formed by this blog, your subscription to this blog, or any communications sent or received via this website.