Appellate Cases - Labor and Employment Law

Mr. Adelstein has handled several appeals involving labor and employment law issues.

Young v. Westpac Air Conditioning, Inc

The trial court had awarded some attorney's fees under one statute, but refused to award additional attorney's fees under Labor Code, section 1194. Mr. Adelstein represented the appellant, and the Court of Appeal in Riverside reversed.

Case Data

Court of Appeal Opinion.
Court: California Court of Appeal, Fourth Appellate District, Division Two (Riverside)
Case No. E036184
Author: Justice Barton C. Gaut
Opinion Date: December 13, 2005
Trial Counsel: Marc B. Levine, Levine and Associates

Garces v. Cannon Pacific Services, LLC

This case raised the issue of when workers are deemed to be employees and when they are deemed to be independent contractors. The trial court had classified three drivers of street sweeping machines as independent contractors, not employees. If they had been employees, they would have been entitled to a significant award of unpaid overtime wages. Mr. Adelstein represented the appellants, and the Court of Appeal in San Diego reversed the trial court's judgment and held that the drivers were employees as a matter of law.

Case Data

Court of Appeal Opinion.
Court: California Court of Appeal, Fourth Appellate District, Division One (San Diego)
Case No. D044540
Author: Justice Richard D. Huffman
Opinion Date: October 4, 2005
Trial Counsel: Marc B. Levine, Levine and Associates

Mata v. Import Stone

The trial court had awarded a former employee a modest wage-and-hour claim along with a $35,000 attorney's fee award. The employer appealed, and Mr. Adelstein represented the successful employee. The San Diego Superior Court, Appellate Division affirmed. The case is Mata v. Import Stone, Inc. (GIC 840979).

Case Data

Court of Appeal Opinion (single sentence affirmation).
Court: San Diego Superior Court, Appellate Division
Case No. GIC 840979
Opinion Date: June 15, 2007
Trial Counsel: Marc B. Levine, Levine and Associates