Arias v. Superior Court, 2009 WL 1838973 (Cal. S. Ct. 2009)
Jose Arias sued his former employer, Angelo Dairy, for a number of alleged violations of the California Labor Code, including five claims that he asserted on behalf of himself as well as other current and former employees under the Unfair Competition Law (“UCL”). The trial court granted the employer’s motion to strike all
Oravecz v. New York Life Ins. Co., 95 Cal. Rptr 3d 1 (Cal. Ct. App. 2009)
Paul Oravecz sued Steve Roth and New York Life (which was allegedly Roth’s employer) after losing money in an investment in an offshore foreign currency trading fund, which Oravecz alleged was a “Ponzi scheme.” Among the claims Oravecz alleged against New York Life were negligent misrepresentation, failure to
Nein v. HostPro, Inc., 174 Cal. App. 4th 833 (2009)
Randy Nein was employed by HostPro as a salesperson. In December 2000, he approached AT&T and suggested that HostPro provide web-hosting services to some of AT&T’s business customers. The transaction was still being negotiated a year later when Nein’s employment was terminated. He filed this lawsuit to recover commissions associated with the AT&T transaction
Owen v. Macy’s, Inc., 2009 WL 1844338 (Cal. Ct. App. 2009)
Lisa Owen worked as a sales associate at Robinsons-May until it was acquired by Macy’s in August 2005. In January 2006, employees at the Arcadia store where Owen worked were informed that the store would close by April. After the store closed on March 18, 2006, Owen received her final pay, which included
Chau v. Starbucks Corp., 174 Cal. App. 4th 688 (2009)
Jou Chau, a former Starbucks “barista,” brought a class action against the company, challenging Starbucks’ policy of permitting shift supervisors to share in tips that customers place in a collective tip box. Chau alleged the policy violated California’s Unfair Competition Law based on a violation of Labor Code § 351. The trial court certified
14 Penn Plaza LLC v. Pyett, 556 U.S. 247, 129 S. Ct. 1456 (2009)
Plaintiffs, members of the Service Employees International Union (the “SEIU”), filed a complaint with the EEOC alleging age discrimination under the Age Discrimination in Employment Act and, after receiving their right-to-sue letters, filed suit against their employer alleging age discrimination. In response, the employer filed a motion to compel arbitration
Day v. American Seafoods Co., 557 F.3d 1056 (9th Cir. 2009)
Jesse Day entered into a contract to work for American Seafoods Co. for one fishing voyage. In this lawsuit, Day sought payment for “unearned wages” for a period of time longer than the single voyage and contended that extrinsic evidence would establish an oral understanding for a longer period. The district court declined
Naranjo v. Spectrum Sec. Services, 172 Cal. App. 4th 654 (2009)
Gustavo Naranjo worked as a detention officer for Spectrum, which provides security services in holding facilities and detention centers throughout Los Angeles County under a contract with federal Immigration and Customs Enforcement (“ICE”). The terms of Spectrum’s contract with ICE rely on wage and fringe benefit determinations by the Secretary of the U.S.
Gomez v. Lincare, Inc., 173 Cal. App. 4th 508 (2009)
Lincare provides respiratory services and medical equipment setup to patients in their homes. Plaintiffs were Lincare service representatives who drove vans containing liquid and compressed oxygen (defined by the federal government as “hazardous materials”) and worked on call in the evenings and on weekends. Plaintiffs sought compensation for the on-call time they spent resolving
Grodensky v. Artichoke Joe’s Casino, 171 Cal. App. 4th 1399 (2009)
Card dealer Harvey Grodensky filed a putative class action challenging a mandatory tip-pooling policy that Artichoke Joe’s Casino had implemented for its dealers. The trial court determined (and the Court of Appeal affirmed) that the casino had not violated the minimum wage law by the tip-pooling arrangement but had violated Labor Code §