California Employment Law Notes

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Futrell v. Payday Cal., Inc., 190 Cal.App.4th 1419 (2010)

Payday provides payroll processing and related services for companies that produce television commercials. In this putative class action, the employees were “freelance crewmembers” whom Reactor Films retained to complete its production activities. John Futrell worked in a private police capacity, providing traffic and crowd control services on various commercials produced by Reactor. On behalf of…

In re United Parcel Service Wage & Hour Cases, 2010 WL 4983586 (Cal. Ct. App. 2010)

At various times during his employment with UPS, David Taylor held three different jobs, including hub supervisor, on-road supervisor and center manager/business manager, in which he supervised numerous hourly employees and lower level supervisors. In all three jobs, Taylor worked in excess of eight hours per day and…

Parth v. Pomona Valley Hosp., 2010 WL 5064380 (9th Cir. 2010)

The Fair Labor Standards Act required Pomona Valley Hospital Medical Center (“PVHMC”) to pay its employees 1-1/2 times the employees’ regular rate for any employment in excess of eight hours in any workday and in excess of 80 hours in a 14-day period. However, many of PVHMC’s nurses preferred working 12-hour shifts in…

Bright v. 99¢ Only Stores, 189 Cal. App. 4th 1472 (2010)

One of the requirements of the wage orders promulgated by the Industrial Welfare Commission is that “[a]ll working employees shall be provided with suitable seats when the nature of the work reasonably permits the use of seats…” Cashier Eugina Bright filed this putative class action against 99¢ Only Stores based on its alleged…

Rosas v. Corporation of the Catholic Archbishop, 627 F.3d 1288 (2010) (en banc)

Cesar Rosas and Jesus Alcazar were Catholic seminarians who sued the Corporation of the Catholic Archbishop for, among other things, failure to pay them overtime wages under Washington state law. Based on the ministerial exception, the district court dismissed the case on the pleadings. A three-judge panel of the Ninth Circuit…

Overhill Farms, Inc. v. Lopez, 190 Cal. App. 4th 1248 (2010)

After the IRS notified Overhill Farms that 231 of its then-current employees had provided invalid social security numbers, Overhill contacted the employees identified by the IRS, advised them that their social security numbers were invalid according to the IRS, and provided them with the opportunity to correct the erroneous information in order to…

Pineda v. Bank of America, 50 Cal. 4th 1389 (2010)

Although plaintiff Jorge A. Pineda gave two weeks’ notice of his resignation from Bank of America, the bank did not pay him his final wages on his last day of employment, as required by Cal. Labor Code § 202, but instead paid him four days late. In this putative class action, Pineda sued for…

California has enacted the “California Transparency in Supply Chains Act of 2010” (S.B. 657), which will require retail sellers and manufacturers that do business in California and that have over $100 million in annual worldwide gross receipts to publicly disclose their efforts to eradicate slavery and human trafficking from their direct supply chains for tangible goods offered for sale. (The new law becomes effective on…

Garcia v. Four Points Sheraton LAX, 188 Cal. App. 4th 364 (2010)

In 2006, the City of Los Angeles enacted the Hotel Service Charge Reform Ordinance, which required non-unionized hotels in the Century Boulevard Corridor near LAX to pass along mandatory service charges to the workers who rendered the services for which the charges were collected. (The service workers alleged their income had declined…

Sullivan v. Dollar Tree Stores, Inc., 623 F.3d 770 (2010)

Christina Sullivan was the manager of a Factory 2-U store before it filed for Chapter 11 bankruptcy. Dollar Tree later purchased Factory 2-U’s existing leasehold on the store where Sullivan was employed. Prior to the anniversary of her hire by Dollar Tree, Sullivan’s mother became ill but Dollar Tree did not provide Sullivan with…