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Wage & Hour Prevailing Party/Attorney Fees

Ramos v. Garcia Rogelio Ramos (Appellant) sued his former employers, Jose Robledo and Dora Garcia ("the two employers"; nonparties in this appeal), seeking to recover unpaid overtime, minimum wages and other compensation, and to impose job-related penalties. (Lab. Code,[1] §§ 1194, 226.7, 201, 203 [waiting time for payment], 226, subd. (f) [failure to turn over wage records].) Appellant obtained some of the monetary recovery he requested against the two employers. However, Appellant had also sued Manuel Garcia ("Respondent"), claiming he was an employer, but Appellant lost on all those claims as to Respondent, when the court found that Respondent was a manager and co-employee of the busin

Case of a Bad Heart or Reorganization?

Plaintiff alleged she was terminated from her employment due to her heart condition, and defendant alleged she was terminated due to the reorganization of her department. Evidence regarding the timing of the events, together with a reasonable inference that could be drawn from the fact that she was terminated and not reassigned or demoted, created a triable issue as to whether the reorganization was a pretext for disability discrimination. Plaintiff need not present evidence of a disability to present a prima facie case of failure to reasonably accommodate or to engage in the interactive process required by FEHA. Proof that defendant "deemed" or perceived plaintiff to be disabled is sufficie