California Employment Law Notes

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Kaanaana v. Barrett Bus. Servs., Inc., 2018 WL 6261482 (Cal. Ct. App. 2018)

The employees in this case (belt sorters who worked at two publicly owned and operated recycling facilities under contracts with Los Angeles County Sanitation Districts) alleged the employers’ failure to pay the prevailing wage and to provide full 30-minute meal periods. The trial court held that the class members were not…

McCleery v. Allstate Ins. Co., 2018 WL 6583916 (Cal. Ct. App. 2018)

Plaintiffs/property inspectors alleged they were improperly hired as independent contractors by insurance companies and sought payment of unpaid minimum wages, overtime, meal and rest breaks, employee expense reimbursements as well as compliance with various other Labor Code provisions. The trial court concluded that plaintiffs’ proposed class action would not be superior to…

We invite you to review our newly-posted November 2018 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:

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Certified Tire & Serv. Ctrs. Wage & Hour Cases, 28 Cal. App. 5th 1 (2018)

Plaintiffs in this certified wage and hour class action contend that Certified Tire violated applicable minimum wage and rest period requirements by implementing a compensation program, which guaranteed its automotive technicians a specific hourly wage above the minimum wage but also gave them the possibility of earning a…

Brown v. Ralphs Grocery Co., 2018 WL 5629874 (Cal. Ct. App. 2018)

Terri Brown brought a representative action against her employer, Ralphs Grocery Company, under the Private Attorneys General Act (“PAGA”), alleging wage and hour violations. In 2009, Brown filed a notice with the California Labor and Workforce Development Agency (“LWDA”) as required under PAGA and also filed her complaint alleging PAGA violations. When…

Garcia v. Border Transp. Group, LLC, 2018 WL 5118546 (Cal. Ct. App. 2018)

Jesus Cuitlahuac Garcia, a taxicab driver, filed a wage and hour lawsuit against Border Transportation Group (“BTG”), alleging claims based upon the wage orders of the Industrial Welfare Commission; wrongful termination in violation of public policy; failure to pay minimum wage; failure to pay overtime; failure to provide meal and rest…

Marsh v. J. Alexander’s LLC, 905 F.3d 610 (9th Cir. 2018) (en banc)

Plaintiffs in this case alleged that their employers abused the tip credit provision of the Fair Labor Standards Act (“FLSA”) by paying them a reduced tip credit wage and treating them as tipped employees when they were engaged in either non-tipped tasks unrelated to serving and bartending or…

Martinez v. Eatlite One, Inc., 27 Cal. App. 5th 1181 (2018)

Samantha Martinez, a sandwich maker and cashier, sued Eatlite (the owner of a Subway store) for employment discrimination in violation of public policy, gender and pregnancy discrimination, failure to provide reasonable accommodations in the workplace, violation of the California Constitution and negligent supervision and retention. A jury found in favor of Martinez…

Sumner v. Simpson Univ., 27 Cal. App. 5th 577 (2018)

Sarah Sumner was the dean of the A.W. Tozer Theological Seminary and was employed pursuant to a written employment agreement. Her employment was terminated by Robin Dummer in his capacity as acting provost of the university on the ground that Sumner had been insubordinate. Sumner sued, alleging breach of contract, defamation, invasion of…

Nunies v. HIE Holdings, Inc., 2018 WL 5660625 (9th Cir. 2018)

Herman Nunies was a delivery driver for HIE Holdings who injured his shoulder and wanted to transfer to a part-time, less-physical warehouse job. The requested transfer was approved and was set to go through until Nunies told HIE about his shoulder injury after which the company allegedly rejected his transfer request and…