Pearl Law Firm Associate Leonard H. Sansanowicz Prevails in Trial

Congratulations to Pearl Law Firm associate Leonard H. Sansanowicz, who recovered more than $155,000 in wages for an individual who worked as a repairman in a jewelry shop and was treated as an independent contractor. Mr. Sansanowicz conducted a two-day bench trial before Hon. Luis Lavin in Los Angeles Superior Court, Central District, Department 13. Mr. Sansanowicz now will move to recover our client's attorney fees.

Mr. Sansanowicz focuses his practice on wage and hour litigation, class actions, and unfair competition. Mr. Sansanowicz earned his law degree at Loyola Law School, where he served as a Senior Articles Editor of the Loyola Law Review of Los Angeles, was a member of the nationally ranked Byrne Trial Advocacy competition team, and served as a board member of the Jewish Students Law Association, La Raza, and the Public Interest Law Foundation.

CEB Asks Steven G. Pearl to Present "Wage and Hour Compliance for Business Law Practitioners"

Continuing Education of the Bar (CEB) has asked Steven G. Pearl to present a seminar on "Wage and Hour Compliance for Business Law Practitioners." The program is geared toward attorneys who represent businesses, but do not have expertise in wage and hour law. Topics include:

• State vs. federal law
• Exempt vs. nonexempt status
• Overtime issues
• Off-the-clock claims
• Meal and rest period compliance
• Minimum wage
• Alternative work schedules
• Final pay issues
• Employees vs. independent contractors

To register or to obtain more information, please go here.

Matthew Bender and NELA Select Steven G. Pearl and Leonard H. Sansanowicz to Write Treatise on Federal Wage Law

The National Employment Lawyers Association (NELA) and Matthew Bender have selected Steven G. Pearl and Pearl Law Firm associate Leonard H. Sansanowicz to author a new chapter on the federal Fair Labor Standards Act for Employee Rights Litigation: Pleading & Practice.

Employee Rights Litigation: Pleading & Practice is a three-volume practice guide covering "all aspects of employment law, including statutory and common law claims, as well as a synopsis of the law, practitioners' tips, and forms." The new chapter to be written by Mr. Pearl and Mr. Sansanowicz will include an extensive selection of forms for individual and collective actions under the FLSA.

Encino Lawyers Association Names Steven G. Pearl to Board of Governors

Encino Lawyers Association ("ELA") has named Steven G. Pearl to its founding Board of Governors. Mr. Pearl will serve as ELA's Education Committee Chair. ELA provides local networking opportunities and continuing legal education to the outstanding Encino legal community.

ELA's inaugural MCLE event, "Preparing the Problem Witness" will take place on December 8, 2010, from 6:00 p.m. to 7:00 p.m., at 16133 Ventura Boulevard, Penthouse Suite A, Encino, California. The program will feature William A. Daniels, Esq., and Molly M. Murphy, MDR. The MCLE will provide one hour of MCLE credit, including .25 hours of ethics credit. Cost is just $10 for ELA members and $25 for non-members.

Los Angeles Lawyer Magazine Publishes Article by Steven G. Pearl

The November, 2010, edition of Los Angeles Lawyer magazine includes an article by Steven G. Pearl entitled "The Limits on Employer Deductions from Pay in California."

The article explores section 8 of the Industrial Welfare Commission Wage Orders, which allows employers to deduct from employees' wages for shortage, breakage, or loss "caused by a dishonest or willful act, or by the gross negligence of the employee." Mr. Pearl considers whether this provision is invalid as conflicting with the Labor Code and whether Due Process protects employees from employers' extrajudicial deductions from wages.

Los Angeles Lawyer magazine is published by the Los Angeles County Bar Association (LACBA) and is available here. Mr. Pearl co-chair's LACBA's Labor and Employment Law Section Dinner Committee and serves on the Planning Committee for LACBA's Annual Labor and Employment Law Symposium.

Steven G. Pearl to Speak at Bridgeport Eighth Annual Wage and Hour Litigation Conference

On December 16, 2010, Steven G. Pearl will speak at Bridgeport's Eighth Annual Wage and Hour Litigation Conference. Mr. Pearl will speak on "Damage Modeling in Wage & Hour Class Actions." Mr. Pearl will join Joseph Krock, Ph.D., of The Claro Group, and Daniel Chammas of Venable. The conference takes place on December 15 and 16 at the Biltmore Hotel in Los Angeles. More information is available here.

Steven G. Pearl to Introduce Deputy Secretary of Labor Seth D. Harris at LACBA Dinner

On October 6, 2010, the Los Angeles County Bar Association will host the 2010 Benjamin Aaron Dinner, featuring Deputy Secretary of Labor Seth D. Harris. Deputy Secretary Harris will discuss developments at the DOL, including a newly proposed DOL approach to enforcement in which the DOL would issue regulations and then direct implementation toward providing assistance to encourage and enable employers to avoid employment law violations.

As co-chair of the LACBA Labor and Employment Law Section's Dinner Committee, Steven G. Pearl will have the honor of introducing Deputy Secretary Harris.

Steven G. Pearl Edits Update to Matthew Bender Treatise on Federal Wage Law

The editors of Employee Rights Litigation: Pleading and Practice recently turned to Steven G. Pearl to help prepare their annual update. Mr. Pearl assisted with the chapter on the federal wage and hour law, the Fair Labor Standards Act.

Employee Rights Litigation: Pleading and Practice is published by Matthew Bender, a leading legal publisher.

Steven G. Pearl to Speak at Employment Law and Human Resources Forum

On November 3, 2010, Steven G. Pearl will speak at the 2010 Southern California Employment Law & HR Forum, presented by the Council on Education in Management. Mr. Pearl will speak on the following topic:

Avoiding New HR and Employment Law Hazards Arising from Current Economic Conditions and Recent California Case Law

More information is available here: http://www.southerncaliforniaemlaw.com/.

California Education of the Bar (CEB) Publishes Article by Steven G. Pearl

California Education of the Bar (CEB) has published an article written by Steven G. Pearl in the July edition of its California Business Law Reporter. The article explains the California Supreme Court's recent decision in Martinez v. Combs (2010) 49 Cal.4th 35 and discusses its importance for California businesses and their attorneys.

CEB, a joint venture of the University of California and the State Bar of California, is California's leading legal publisher.

Steven G. Pearl to Speak at California Employment Lawyers Association Annual Employment Law Conference

The California Employment Lawyers Association (CELA) has asked Steven G. Pearl to speak on two panels at its 23rd Annual Conference:

Technology in the Courtroom: Using Excel to Calculate Wage and Hour Damages, September 30, 2010

Lessons Learned: Successful Lawyers Talk About Painful Moments, October 1, 2010

In the lessons learned panel, Mr. Pearl will discuss a two-week jury trial in which he represented three car wash workers, which resulted in a jury verdict of $33,000.

CELA will hold the Conference at the Marriott Hotel Downtown Los Angeles. More information is available here: http://www.cela.org/.

Steven G. Pearl Presents National Webinar on Class Certification in Federal Court

Steven G. Pearl presented a national webinar entitled "Class Certification Standards and Daubert Analysis in Flux" on July 8, 2010. The webinar focused on recent developments in class certification under federal law, including the Ninth Circuit's recent decision in Dukes v. Wal-Mart and the role of Daubert challenges to expert witness evidence. The webinar presented plaintiffs' and defendants' strategies for obtaining and defeating class certification. The webinar was sponsored by Stafford Publications, a national provider of continuing education programs. More information is available here.

Daily Journal Publishes Third Article By Steven G. Pearl

On June 1, 2010, the Los Angeles and San Francisco Daily Journals published Steven G. Pearl's article, "California Supreme Court Defines 'Employer' Under California Law," discussing the Court's recent decision in Martinez v. Combs. Mr. Pearl first published the article on The California Wage and Hour Law Blog. The article is available here.

Daily Journal Publishes Second Article by Steven G. Pearl

On April 30, 2010, the Los Angeles and San Francisco Daily Journals published "Bargaining in the Dark" by Steven G. Pearl. The article appeared first in The Mediaton and Negotiation Blog and is available here.

Daily Journal Publishes Article by Steven G. Pearl

On April 8, 2010, the Los Angeles and San Francisco Daily Journals published Steven G. Pearl's article, "Real World Lessons from 'Powerless' Mediators." The article appeared first in The Mediaton and Negotiation Blog and is available here.

Continuing Education of the Bar (CEB) Publishes California Wage and Hour Law and Litigation, Co-Authored by Steven G. Pearl

Continuing Education of the Bar (CEB) has published California Wage and Hour Law and Litigation, co-authored by Steven G. Pearl. The publication is available here.

Pearl Law Firm Wins Summary Adjudication of Independent Contractor, Exemption Defenses in Nursing Case

On March 25, 2010, Los Angeles Superior Court judge Conrad R. Aragon granted summary adjudication in favor of two licensed vocational nurses (LVNs) represented by The Pearl Law Firm. The Court found that the undisputed evidence showed that the LVNs were neither independent contractors nor exempt employees.

The action alleges that the employer, a home health agency, failed to pay the LVNs overtime and missed meal and rest period compensation, failed to provide them with timely and accurate wage and hour statements, and failed to pay them all earned wages on separation. The defendant asserted in its answer that the LVNs were either independent contractors or exempt employees.

The Court first held that the LVNs were not independent contractors as a matter of law. The Court held that the employer had not only the right to control the LVN's work, but also the duty to do so under California's home health agency regulations. Further, the Court found that the employer exercised control over the LVNs "on a pervasive, continual basis throughout their employment." As such, the LVNs were employees, not independent contractors.

The Court also held that the exemption defense did not apply for several reasons. First, the employer paid the LVNs on an hourly basis, not a salary. Second, the Court held that the LVNs were not engaged in a "learned or artistic profession" within the meaning of the exemption. Instead, the Court found that the LVNs were "primarily engaged" in work that "either required no particular skill and knowledge, such as bathing and changing diapers, or that required only the limited education and clinical training of an LVN [high school diploma, plus one year of combined classroom instruction and clinical rotation]." Third, the LVNs did not "customarily and regularly exercise discretion and independent judgment" as defined in the regulations. Instead, they "applied [their] knowledge in following prescribed procedures." As such, they could not be exempt employees.

The Court's ruling on summary adjudication establishes liability against the employer. The case will now go to trial on damages.

Steven G. Pearl to Speak at Advanced Wage and Hour Seminar

Steven G. Pearl will speak at the California Employment Lawyers Association (CELA) Sixth Annual Advanced Wage and Hour Seminar on Friday, April 30, 2010, in Oakland, at the Oakland Marriott City Center. Mr. Pearl will speak on current developments, with an emphasis on pending legislation and cases currently pending before the California Supreme Court and the Ninth Circuit Court of Appeals. Mr. Pearl will speak with Kevin Kish, Director of the Employment Rights Project at Bet Tzedek Legal Services, and Mariko Yoshihara, Political Director of CELA.

Steven G. Pearl Offers Services as Mediator

Steven G. Pearl announced today that he will offer his services as mediator. In more than 17 years of legal practice, Mr. Pearl has litigated and resolved thousands of lawsuits involving wage and hour and employment law, class actions, unfair competition, consumer protection, personal injury, professional malpractice, business litigation, and real estate litigation.

Mr. Pearl is a recognized authority on wage and hour law and a co-author of California Wage and Hour Law and Litigation, published by Continuing Education of the Bar (CEB). He also authors the California Wage and Hour Law Blog and the Mediation and Negotiation Blog.

To retain Mr. Pearl's services as mediator, please contact The Pearl Law Firm at (818) 995-8300.

Steven G. Pearl Co-Authors CEB Treatise

Continuing Education of the Bar (CEB) will publish California Wage and Hour Law and Litigation in March, 2010. Co-authored by Steven G. Pearl. The treatise can be found here.

Mr. Pearl is an attorney and mediator in Los Angeles, California. His practice focuses on litigating and mediating individual and class action wage and hour cases.

Founded by the University of California and the State Bar of California in 1947, CEB is California's leading legal publisher.

Pearl Law Firm Associate Leonard Sansanowicz Wins $110,000 Judgment

Congratulations to Pearl Law Firm associate Leonard Sansanowicz, who won a $110,000 judgment on behalf of a man employed at a market. The judgment includes minimum wage and other compensation, liquidated damages, penalties, and $50,000 in attorney fees. The case is Estrada v. Rivera, Los Angeles Superior Court Case No. BC388388, before Hon. David L. Minning.

Mr. Sansanowicz was admitted to the Bar in 2008, and this is his second "first chair" trial.