Ward v. Tilly’s, Inc., 31 Cal. App. 5th 1167 (2019)
Skylar Ward challenged by way of this putative class action the on-call scheduling practices of her former employer, Tilly’s, Inc., as violating the reporting time pay requirements of California law. Tilly’s required on-call employees to contact Tilly’s two hours before their on-call shifts. If they are told to come in, they are paid
Duffey v. Tender Heart Home Care Agency, LLC, 31 Cal. App. 5th 232 (2019)
Nichelle Duffey sued Tender Heart Home Care Agency for employment-related wage and hour claims such as unpaid overtime under the California Domestic Worker Bill of Rights (“DWBR,” Cal. Labor Code §§ 1450, et seq.). The trial court granted Tender Heart’s motion for summary judgment after determining that Duffey
Fierro v. Landry’s Rest. Inc., 2019 WL 658710 (Cal. Ct. App. 2019)
Jorge Fierro filed this class action, claiming that he and the other members of the putative class were misclassified as exempt employees and that, in fact, they were non-exempt, non-managerial employees who are owed unpaid overtime wages and penalties. Landry’s responded by filing a demurrer, asserting that the claims are barred by
Jimenez-Sanchez v. Dark Horse Exp., Inc., 2019 WL 626349 (Cal. Ct. App. 2019)
The trial court denied plaintiffs’ motion for class certification of a putative class consisting of employees who worked as drivers transporting milk within California. Plaintiffs allege failure to compensate for all hours worked; failure to schedule meal periods; failure to provide uninterrupted duty-free meal periods of at least 30 minutes; failure
Moorer v. Noble L.A. Events, Inc., 2019 WL 949419 (Cal. Ct. App. 2019)
David Moorer, who worked as a full-time security guard and “lobby ambassador” for Noble, filed a complaint as an individual and on behalf of all aggrieved employees against Noble and others under the Private Attorneys General Act (“PAGA”). After Noble failed to respond to outstanding discovery requests and its lawyer withdrew,
Goonewardene v. ADP, LLC, 6 Cal. 5th 817 (2019)
Sharmalene Goonewardene alleged claims against ADP (the payroll company used by her employer, Altour International Inc.) for wrongful termination, violation of the Labor Code, breach of contract, negligent misrepresentation and negligence. The trial court sustained ADP’s demurrer to the complaint without further leave to amend, and the Court of Appeal affirmed in part and
Stratton v. Beck, 30 Cal. App. 5th 901 (2018)
Anthony Stratton filed a claim against Thomas Beck with the labor commissioner for unpaid wages in the amount of $303.55. After conducting an administrative hearing, the labor commissioner awarded Stratton $303.50 plus an additional $5,757.46 in liquidated damages, interest and statutory penalties for a total award of $6,060.96. Beck then filed an appeal in
EEOC v. Global Horizons, Inc., 915 F.3d 631 (9th Cir. 2019)
The Washington state fruit growers in this case experienced labor shortages and as a result entered into agreements with Global Horizons (a labor contractor) to obtain temporary workers from Thailand to work in their orchards under the H-2A guest worker program. After two of the Thai workers filed discrimination charges with the
Gilberg v. California Check Cashing Stores, LLC, 913 F.3d 1169 (9th Cir. 2019)
While applying for employment with CheckSmart Financial, LLC, Desiree Gilberg signed a “Disclosure Regarding Background Investigation,” which resulted in Gilberg’s filing a putative class action against CheckSmart, claiming it had violated the federal Fair Credit Reporting Act (“FCRA”) and the California Investigative Consumer Reporting Agencies Act (“ICRAA”). The district court
Siri v. Sutter Home Winery, Inc., 31 Cal. App. 5th 598 (2019)
Says Siri alleged she was terminated as the general ledger staff accountant for Sutter Home Winery in retaliation for having notified the state Board of Equalization and Sutter’s general counsel in writing of her belief that the winery was out of compliance with California sales and use tax law. Sutter