In plaintiffs’ suit against their former employer, a temporary staffing firm, alleging violations of Labor Code provisions and unfair competition claims, the judgment of the trial court is affirmed where: 1) a provision shortening the limitation period in plaintiffs’ employment agreements is unenforceable as plaintiffs’ claims for violations of wage and hour laws are based on unwaivable and fundamental statutory rights, and the provision is an unlawful attempt to restrict employees’ ability to enforce their unwaivable statutory rights; 2) the trial court did not deny defendant any right to a jury trial; and 3) the administrative exemption from the wage and hour laws was inapplicable to plaintiffs. 

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Appellate Information

Filed January 28, 2010

Judges

Opinion by Judge Fybel

CounselFor Appellant:   Seyfarth Shaw, Gilmore F. Diekmann, Jr., Raymond R. Kepner, Todd C. Hunt and Michael D. Mandel

For Appellee: Shanberg Stafford, Ross E. Shanberg, Shane C. Stafford; Quest Law Firm and Robert C. Robinson

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