Jong v. Kaiser Found. Health Plan, Inc., 226 Cal. App. 4th 391 (2014)

Henry Jong, who worked as an hourly Outpatient Pharmacy Manager for Kaiser, claimed he was owed unpaid overtime that was earned from alleged “off-the-clock” hours that Kaiser either knew or should have known he had worked. Jong testified in his deposition that he was aware of Kaiser’s policy to pay for all hours worked; that he was familiar with Kaiser’s timekeeping rules and system for recording time; that he had signed a document entitled “Attestation Form for Hourly Managers and Supervisors – Working Off-the-Clock Not Allowed”; and that he did not know if anyone in Kaiser’s management was aware he was working off the clock. The trial court granted summary judgment in favor of Kaiser, and the Court of Appeal affirmed, holding that “none of [the] evidence, considered independently or collectively, is sufficient to support a finding that Kaiser was aware of [Jong’s] unreported overtime hours. Jong failed to create a triable issue of material fact essential to his claim, and Kaiser’s motion for summary judgment therefore was properly granted.”