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The California
Court of Appeal has held that an appeal of a Labor Commissioner Order,
Decision or Award may be heard as part of an existing Superior Court action.
The United States Court of Appeals for the 9th Circuit has ruled that an ERISA claim may not be brought against the Claims Administrator of a benefit plan if the Claims Administrator is not listed in the benefit plan documents as the "Plan Administrator." An employee need only file an internal complaint for wages in order to be protected against retaliation under the Fair Labor Standards Act.
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