On January 1, 2023, the IRS mileage rate increased to 65.5 cents per mile for driving done for business purposes. This is a three (3) cent increase from the rate set for the second half of 2022. According to the IRS, this rate applies “to electric and hybrid-electric automobiles, as well as gasoline and diesel-powered … Continue Reading
A federal appeals court recently affirmed a summary judgment entered in favor of WinCo Foods in a class action alleging that WinCo should have reimbursed successful job applicants for the time and travel expenses they incurred in obtaining a drug test as a pre-condition of employment. In Johnson v. WinCo Foods, LLC, the court agreed … Continue Reading
Southern Cal. Pizza Co. v. Certain Underwriters at Lloyd’s, London, 40 Cal. App. 5th 140 (2019) Lloyds of London provided the employer in this case with an employment practices liability insurance (“EPLI”) policy, which contained an exclusion relating to “wage and hour or overtime law(s).” In this insurance coverage dispute, the employer alleged the policy … Continue Reading
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 … Continue Reading
Silva v. See’s Candy Shops, Inc., 7 Cal. App. 5th 235 (2017) The Court of Appeal held that the trial court properly granted summary judgment to See’s Candy as to the class-certified claims for failure to properly pay wages as a result of the employer’s rounding and grace-period policies, based on expert testimony that employees … Continue Reading
USS-POSCO Indus. v. Case, 197 Cal. Rptr. 3d 791 (Cal. Ct. App. 2016) Floyd Case voluntarily enrolled in a three-year, employer-sponsored educational program. Case agreed in writing that if he quit his job within 30 months of completing the program, he would reimburse his employer (UPI) a prorated portion of the program costs. Two months … Continue Reading
Cochran v. Schwan’s Home Serv., Inc., 2014 WL 3965240 (Cal. Ct. App. 2014) Colin Cochran filed this putative class action on behalf of himself and 1,500 similarly situated customer service managers who were not reimbursed for expenses pertaining to the work-related use of their personal cell phones. The trial court denied class certification to the … Continue Reading
Morgan v. Wet Seal, Inc., 210 Cal. App. 4th 1341 (2012) Crystal Morgan and two other former employees sued Wet Seal because the company allegedly required employees to purchase Wet Seal clothing and merchandise as a condition of employment and also failed to reimburse employees for their mileage between Wet Seal business locations. The trial … Continue Reading
Arnold v. Mutual of Omaha Ins. Co., 202 Cal. App. 4th 580 (2011) Kimbly Arnold filed a complaint against Mutual of Omaha on her behalf and on behalf of a putative class of similarly situated “licensed agents” and “sales representatives” of the company, alleging violations of the California Labor Code, including provisions governing expense reimbursement … Continue Reading
Gattuso v. Harte-Hanks Shoppers, Inc., 42 Cal. 4th 554 (2007) Frank Gattuso is an outside sales representative for Harte-Hanks, a California corporation that prepares and distributes advertising booklets and leaflets, including the PennySaver and the California Shopper. Rather than separately reimburse outside sales representatives for their automobile expenses, Harte-Hanks paid them higher salaries and commissions … Continue Reading
Estrada v. FedEx Ground Package Sys., Inc., 154 Cal. App. 4th 1 (2007) Anthony Estrada, a former driver for FedEx, alleged unfair business practices under Business & Professions Code § 17200, contending that the pick-up and delivery drivers were improperly classified as “independent contractors” rather than employees and, as a result, they were owed reimbursement … Continue Reading
Estrada v. RPS, Inc., 125 Cal. App. 4th 976 (2005) Anthony Estrada, a former driver for RPS, alleged unfair business practices under Business & Professions Code § 17200, contending that RPS unlawfully classified its pickup and delivery drivers as “independent contractors” rather than employees and, as a result, had failed to reimburse them for employment-related … Continue Reading
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