Alexander v. FedEx Ground Package Sys., Inc., 2014 WL 4211107 (9th Cir. 2014)
In this class action the named plaintiffs represent approximately 2,300 individuals who were full-time delivery drivers for FedEx in California between 2000 and 2007. FedEx characterizes its drivers as independent contractors in its Operating Agreement. Similar cases to this one were filed in approximately 40 states, and the Judicial Panel
Parrish v. Latham & Watkins LLP, 2014 WL 4220542 (Cal. Ct. App. 2014)
In a prior litigation, FLIR Systems, Inc., and Indigo Systems Corp. (collectively, “FLIR”) brought suit against their former employees, William Parrish and E. Timothy Fitzgibbons (the “Former Employees”), for, among other things, misappropriation of trade secrets. The Former Employees defeated the claims and then obtained a ruling that the misappropriation of
We invite you to review our newly-posted July 2014 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
Brenda Leigh Von Nothdurft worked as a resident manager of an apartment building owned by John Steck. Both signed a management agreement that provided that Von Nothdurft would be compensated in part by “free rent of a three bedroom apartment during the term as manager.” Von Nothdurft later sued, claiming she was not
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
Ayala v. Antelope Valley Newspapers, Inc., 2014 WL 2924954 (Cal. S. Ct. 2014)
Plaintiffs Maria Ayala, Rosa Duran and Osman Nuñez sought to certify a class of newspaper home delivery carriers in a lawsuit brought against Antelope Valley Newspapers, Inc. (“AVN”), alleging that AVN had improperly classified the carriers as independent contractors rather than employees in violation of California labor laws. The trial court
Duran v. U.S. Bank Nat’l Ass’n, 59 Cal. 4th 1 (2014)
Plaintiffs in this case are loan officers for U.S. Bank (“USB”) who claim they were misclassified as exempt employees under the outside salesperson exemption. After certifying a class of 260 plaintiffs, the trial court devised a plan to determine the extent of USB’s liability to all class members by extrapolating from a random
Paratransit, Inc. v. CUIAB, 2014 WL 2988013 (Cal. S. Ct. 2014)
Craig Medeiros worked as a vehicle operator for Paratransit for six years. Medeiros was a member of a union, and the union and the employer were parties to a collective bargaining agreement. Paratransit investigated a complaint filed by a passenger, alleging that Medeiros had unlawfully harassed her. Following the investigation, Paratransit concluded the
Stenehjem v. Sareen, 2014 WL 2646729 (Cal. Ct. App. 2014)
Jerome Stenehjem sued his former employer and its president and CEO, Surya Sareen, for defamation, among other things. In response, Sareen filed a cross-complaint for civil extortion, alleging, among other things, that while representing himself, Stenehjem made a written threat by email to file a false criminal complaint against Sareen unless he paid Stenehjem
Lantz v. WCAB, 226 Cal. App. 4th 298 (2014)
Lieutenant Seth Patrick Lantz, a 33-year-old correctional officer at Pleasant Valley State Prison in Coalinga, California, was killed in an automobile accident on his way home from work. Lantz’s widow, on behalf of herself and her four children, applied for workers’ compensation benefits, contending that Lantz sustained the fatal injury during the course of his