Sali v. Corona Reg’l Med. Ctr., 2018 WL 2049680 (9th Cir. 2018)
Marilyn Sali and Deborah Spriggs sued Corona Regional Medical Center on behalf of seven putative classes of registered nurses who were allegedly underpaid their wages; not paid for all overtime hours worked; and not provided accurate wage statements, among other things. The district court denied class certification on the grounds that plaintiffs
Serrano v. Aerotek, Inc., 21 Cal. App. 5th 773 (2018)
Norma Serrano brought this putative class action against her employer (Aerotek), which placed her as a temporary employee with its client (Bay Bread). Serrano alleged violations of the Labor Code and of the Private Attorneys General Act (PAGA) based upon, among other things, Aerotek’s alleged failure to provide required meal periods. The
Curry v. Equilon Enterprises, LLC, 2018 WL 1959472 (Cal. Ct. App. 2018)
Sadie Curry worked as a gas station manager at a station owned by Shell Oil, but operated by another company (ARS). Curry was hired, trained and supervised by ARS employees, and ARS alone determined that Curry was an exempt employee. In this putative class action, Curry alleged that she and the other
Dynamex Operations West, Inc. v. Superior Court, 2018 WL 1999120 (Cal. S. Ct. 2018)
Two delivery drivers for Dynamex filed this putative class action on behalf of similarly situated drivers, alleging that they were misclassified as independent contractors rather than employees for purposes of Industrial Wage Commission Order No. 9 (governing the transportation industry). At issue in the case is whether the relatively broad
Kenny v. Wal-Mart Stores, Inc., 881 F.3d 786 (9th Cir. 2018)
Kris Kenny filed a putative class action in California state court, challenging Wal-Mart’s policy requiring employees who have suffered workplace-related injuries to submit to drug and/or urine testing. Wal-Mart filed a demurrer in response to the complaint, but before the hearing date on the demurrer, Wal-Mart removed the action to federal court
Mora v. Webcor Constr., L.P., 20 Cal. App. 5th 211 (2018)
Steven Mora filed this putative class action/PAGA claim against his former employer, Webcor Construction, for violation of the California wage statement statute (Cal. Lab. Code § 226(a)) based upon payments made to a union vacation trust fund authorized by the Labor Management Relations Act of 1947 (“LMRA”). The trial court sustained the
Duran v. U.S. Bank Nat’l Ass’n, 19 Cal. App. 5th 630 (2018)
Samuel Duran and Matt Fitzsimmons filed this wage-and-hour class action challenging the Bank’s classification of its business banking officers as exempt employees under the outside salesperson exemption. The trial court denied class certification after concluding plaintiffs had failed to carry their burden of showing that common questions predominated. The trial court
Kizer v. Tristar Risk Mgmt., 13 Cal. App. 5th 830 (2017)
Plaintiffs Valerie Kizer and Sharal Williams filed this putative class action, alleging their former employer had misclassified them and other similarly situated claims examiners as exempt from overtime. The trial court denied the class certification motion on the ground that plaintiffs had failed to show they had worked days or hours that would
Williams v. Superior Court, 3 Cal. 5th 531 (2017)
Michael Williams was an employee of Marshalls of CA in Costa Mesa, California. After slightly more than a year of employment, Williams brought a representative action against Marshalls under the Labor Code Private Attorneys General Act of 2004 (“PAGA”), alleging Marshalls had failed to provide its employees with meal and rest breaks, accurate wage statements,
Jury panels in the Los Angeles Superior Court (which is often referred to as “The Bank” by the plaintiffs’ bar) have recently delivered multimillion-dollar verdicts to former-employee plaintiffs. Many employers doing business in California already have insulated themselves from such disasters by adopting comprehensive arbitration regimes, which would require that such cases be heard by a retired judge or employment lawyer rather than a jury