Author Archives: jaklein

KH&K scores double victories!

Read about our recent victories on Summary Judgment and on defeating a motion for class certification HERE!  

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The EEOC’s New Rule On An ADEA Defense Creates Confusion and Greater Restraints On Employers Defending Against Such Claims

By Rachel Hulst Since its inception, the Age Discrimination in Employment Act (ADEA) has protected workers over the age of 40 from discrimination.  In an attempt to make this Act consistent with Supreme Court case law, the Equal Employment Opportunity … Continue reading

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KHK wins Summary Judgment in Disability Case

On Tuesday, the US District Court (C.D. Cal.) granted KHK’s motion for summary judgment in a disability discrimination case (Dam v. Rite Aid) involving Rite Aid’s termination of a pharmacist who “hired” his cousin, a pharmacist technician, as a volunteer … Continue reading

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KHK wins binding labor arbitration against UFCW 770

On February 20, Arbitrator Michael Prihar found for KHK’s client in a binding labor arbitration with United Food and Commercial Workers Union Local 770 regarding grievant Juan Calderon. In the case, Mr. Prihar found that Mr. Calderon was terminated for … Continue reading

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KH&K successful in obtaining order denying class certification in 40,000+ proposed meal and rest break class

On February 17, Judge Nancy Wieben Stock of the Orange County Superior Court denied Plaintiffs’ motion for class certification in the 40,000+ member proposed class in McSwain v. Rite Aid. Our office has been counsel for Rite Aid in this … Continue reading

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KHK Obtains Dismissal due to Forum Non Conveniens Argument

Jonathan Allan Klein and Jennifer Kaplan prevailed on a motion for forum non-conveniens on behalf of Penske Truck Leasing in a case arising out of the rental and reported theft of a Penske vehicle.  The Superior Court of California, County … Continue reading

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Union Arbitration Denied — Arbitrator Upholds Employer’s Termination based on Presence on OIG Exclusion List

Jonathan Allan Klein and Laura Clark successfully defended Rite Aid’s termination decision regarding employee Claudia Sandoval in a binding arbitration before arbitrator Frank Silver. In this case, UFCW 770, on behalf of the terminated employee, challenged Rite Aid’s termination decision, … Continue reading

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California adds new “Wage Theft Protection Act” — Is your business ready?

By Jessica Madrigal New Requirements for New Hires California has passed new legislation (the Wage Theft Protection Act), effective January 1, 2012, that imposes new requirements on employers with respect to new hires.  Specifically, California Labor Code Section 2810.5 will … Continue reading

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Dismissal Obtained For Pharmacy In Wrongful Death Case Prior to Service of Complaint

Dismissal Obtained For Pharmacy In Wrongful Death Case Prior to Service of Complaint Jonathan Allan Klein and Anne F. Marchant successfully obtained dismissal of a pharmacy in a wrongful death action filed in Sacramento County Superior Court.  The father of … Continue reading

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Termination of 19-year employee upheld in binding arbitration matter

Anne F. Marchant successfully defeated a challenge to Rite Aid’s termination of a pharmacy technician for her failure to follow pharmacy procedures in obtaining patient signatures for prescription purchased in a Temecula pharmacy.  Rite Aid presented evidence that the pharmacy … Continue reading

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