Patterson v. Domino’s Pizza, LLC, 2014 WL 4236175 (Cal. S. Ct. 2014)
Taylor Patterson was hired by Sui Juris (a franchisee of Domino’s Pizza) to serve customers at its store. Patterson alleged that she was sexually harassed by Renee Miranda, an adult male who held the title of assistant manager of the Sui Juris store. In her complaint, Patterson alleged that she and Miranda
Rhea v. General Atomics, 227 Cal. App. 4th 1560 (2014)
Lori Rhea is an exempt employee of General Atomics who receives a salary and accrues comprehensive annual leave (“Annual Leave”) that can be used by employees to take paid time off for any reason, including vacation, sickness, medical appointments, family obligations and leisure pursuits. The amount of Annual Leave that accrues depends on
Weaving v. City of Hillsboro, 2014 WL 3973411 (9th Cir. 2014)
Matthew Weaving worked as a police officer for the City of Hillsboro for approximately three years before his employment was terminated due to “severe interpersonal problems” between him and other employees of the police department. Weaving contended that his interpersonal problems resulted from his attention deficit hyperactivity disorder (“ADHD”) and that his
Yau v. Santa Margarita Ford, Inc., 2014 WL 4198060 (Cal. Ct. App. 2014)
Eddie Yau, a service manager for Santa Margarita Ford, alleged he was terminated after complaining to his general manager and the owner of the Ford dealership that fraudulent warranty repair claims were being submitted to Ford. Yau alleged that his termination implicated state statutes proscribing theft and fraud. The trial court
Avila v. Los Angeles Police Dep’t, 2014 WL 3361123 (9th Cir. 2014)
Leonard Avila, a police officer with the Los Angeles Police Department, periodically worked through his lunch breaks and did not claim overtime. After Avila testified in a lawsuit brought by another officer who sought overtime under the Fair Labor Standards Act (FLSA), Avila was ordered to appear before the LAPD
Cochran v. Schwan’s Home Serv., Inc., 2014 WL 3965240 (Cal. Ct. App. 2014)
Colin Cochran filed this putative class action on behalf of himself and 1,500 similarly situated customer service managers who were not reimbursed for expenses pertaining to the work-related use of their personal cell phones. The trial court denied class certification to the putative class based upon a lack of commonality because
Gregory v. Cott, 2014 WL 3805478 (Cal. S. Ct. 2014)
Carolyn Gregory was injured while providing in-home care for Lorraine Cott, an Alzheimer’s disease patient. Gregory received workers’ compensation benefits but sued the Cotts for negligence and premises liability and asserted a claim against Lorraine for battery. The trial court granted a defense motion for summary judgment based on the primary assumption of risk
People v. Pac Anchor Transp., Inc., 2014 WL 3702674 (Cal. S. Ct. 2014)
The People on behalf of the State of California filed this unfair competition law (“UCL”) action against Pac Anchor Transportation, Inc., for misclassifying drivers as independent contractors and for other alleged violations of California labor and unemployment insurance laws. In response, Pac Anchor filed a motion for judgment on the pleadings
Peabody v. Time Warner Cable, Inc., 59 Cal. 4th 662 (2014)
Susan Peabody worked as a commissioned salesperson for Time Warner Cable, Inc. (“TWC”). Peabody regularly worked 45 hours per week but received no overtime. TWC considered Peabody and the other members of the putative class to be subject to the commissioned employee exemption under California law. However, most of Peabody’s paychecks did not
Araquistain v. Pacific Gas & Elec. Co., 2014 WL 4227872 (Cal. Ct. App. 2014)
Plaintiffs Ignacio Araquistain, David Page and Douglas Girouard are non-exempt, unionized employees of PG&E, which is an “electrical corporation” and a “gas corporation” within the meaning of Labor Code § 512(f)(4). The operative collective bargaining agreement states that “shift employees and other employees whose workday consists of eight consecutive hours