Cicairos v. Summit Logistics, Inc., 133 Cal. App. 4th 949 (2005)
In this case, five truck drivers/members of the Teamsters Union, sued their former employer for violations of the Labor Code and the Industrial Welfare Commission orders relating to meal periods, rest breaks and itemized wage statements. The trial court dismissed the action based on the motor carrier exemption. The Court of Appeal reversed
Gattuso v. Harte-Hanks Shoppers, Inc., 35 Cal. Rptr. 3d 260 (2005)
Frank Gattuso and Ernest Sigala brought a class action on behalf of themselves and other employees of Harte- Hanks, seeking indemnification for expenses they incurred in using their personal automobiles in the discharge of their employment duties as outside sales representatives (OSR’s). Harte-Hanks presented evidence that its OSR’s were paid a higher base
Hardage v. CBS Broadcasting, Inc., 427 F.3d 1177 (9th Cir. 2005)
Hugh Hardage, a Local Sales Manager for KSTW-TV in Seattle, alleged that he was sexually harassed by Kathy Sparks, the station’s General Manager, who worked in Tacoma. Hardage claimed that he had been sexually harassed by Sparks on several occasions and subjected to retaliation after he rejected her advances, which occurred in the
Falkowski v. Imation Corp., 132 Cal. App. 4th 499 (2005)
Plaintiffs in this class action were employees of Cemax- Icon, Inc., a closely held company in the medical information management business. This litigation arose after Imation Corporation, a publicly traded company, acquired Cemax, which became a subsidiary of Imation. At the time of the merger, Imation replaced the employees’ Cemax employee stock options with
Brown v. Department of Corrections, 132 Cal. App. 4th 520 (2005)
Kevin Brown, a correctional officer at the High Desert Prison, alleged a violation of Labor Code § 1102.5 (the whistleblower statute) and of Government Code § 8547.8 (a similar whistleblower statute applicable to state employees), arising from statements made by the Department’s inspector general to law enforcement officials requesting official action in response
Conley v. Pacific Gas & Elec., 131 Cal. App. 4th 260 (2005)
Two senior new business representatives and two engineers of PG&E filed this class-action lawsuit, alleging that they and others had been improperly classified as exempt employees under federal and state overtime law. Plaintiffs challenged PG&E’s policy of making deductions from exempt employees’ vacation-leave accruals for partial-day absences on the ground that such
Cintas Corp., 344 NLRB No. 118 (June 30, 2005)
Cintas Corporation, which, among other things, designs and manufactures corporate uniforms, maintained a provision in its employee handbook stating that it honors the confidentiality of its clients, their business plans, partners, new business efforts, customers, accounting and financial matters. Included among the types of behavior that could result in disciplinary action was “violating a confidence
Diaz v. Gates, 420 F.3d 897, 2005 WL 1949879 (9th Cir. 2005) (en banc)
David Diaz sued Daryl Gates, Willie Williams, Bernard Parks and many others, alleging violation of the Racketeer Influenced and Corrupt Organizations Act (“RICO”) as a result of damages he allegedly suffered from police misconduct associated with the LAPD Rampart scandal. One of the elements of a RICO claim is that
Advanced Modular Sputtering, Inc. v. Superior Court, 132 Cal. App. 4th 826 (2005)
Within four years of being laid off from their jobs at Sputtered Films, Sergey Mishin and Rose Stuart-Curran started their own company (Advanced Modular Sputtering), which became a competitor of Sputtered. In its lawsuit against AMS, Sputtered alleged that Mishin and Curran had misappropriated its trade secrets in order to develop
Green v. State of Cal., 132 Cal. App. 4th 97 (2005)
Dwight Green worked as a stationary engineer at a state correctional facility for over 12 years before he was involuntarily placed on disability retirement. A jury found that in failing to provide Green reasonable accommodation for his Hepatitis C condition, the state discriminated against him on the basis of his disability in violation