FLSA

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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…

Wang v. Chinese Daily News, 623 F.3d 743 (2010)

Plaintiffs (reporters for the Chinese Daily News) alleged they were non-exempt employees entitled to overtime pay under the Fair Labor Standards Act (FLSA) and California state law. The district court granted summary judgment in favor of the reporters, finding journalists are not subject to the creative professional exemption to the FLSA or California law. The…

Faulkinbury v. Boyd & Assocs., Inc., 185 Cal. App. 4th 1363 (2010)

Plaintiffs sought to represent and certify a class of 4,000 current and former employees of Boyd & Associates, which provides security guard services throughout Southern California. Plaintiffs alleged that Boyd denied the putative class members off-duty meal periods and rest breaks and that it had failed to include certain reimbursements and an annual bonus payment in calculating the employees’ hourly rate of overtime pay.

Bamonte v. City of Mesa, 598 F.3d 1217 (9th Cir. 2010)

The plaintiffs in this case are employed as police officers for the City of Mesa, Arizona. They contended that the city violated the Fair Labor Standards Act (“FLSA”) by failing to compensate them for the time spent donning and doffing their uniforms and accompanying gear. The district court dismissed the lawsuit on summary…

Sullivan v. Oracle Corp., 557 F.3d 979 (9th Cir. 2009)

The Ninth Circuit has withdrawn its published opinion in this case and certified the following questions to the California Supreme Court: (1) Does the California Labor Code apply to overtime work performed in California for a California-based employer by out-of-state plaintiffs in the circumstances of this case, such that overtime pay is required for…

Ballaris v. Wacker Siltronic Corp., 370 F.3d 901 (9th Cir. 2004)

Plaintiff-employees worked in Wacker’s cleanrooms where silicon wafers were manufactured. All employees who work in the cleanrooms must wear gowns to help maintain the clean environment. Ballaris alleged in this FLSA class-action lawsuit that Wacker had a policy or practice of failing to pay its workers overtime wages for the time spent on…

Pfohl v. Farmers Ins. Group, 2004 WL 554834 (C.D. Cal. Mar. 1, 2004)

Thomas Pfohl filed this putative class action for unpaid overtime under the Fair Labor Standards Act (FLSA) on behalf of himself and all other similarly situated individuals who worked for Farmers as temporary full-time insurance adjusters. In this proceeding, the District Court denied Pfohl’s Motion for Certification of Collective Action. Pfohl…

Brigham v. Eugene Water & Elec. Bd., 357 F.3d 931 (9th Cir. 2004)

James Brigham and other employees of the Eugene Water & Electric Board (EWEB) were stationed at the Carmen Smith Hydroelectric Project, a power generation facility straddling the upper McKenzie River, 70 miles east of Eugene, Oregon, in the Willamette National Forest. Four EWEB employees worked and were required to live on-site…

Chao v. A-One Med. Servs., Inc., 346 F.3d 908 (9th Cir. 2003)

The United States Secretary of Labor, Elaine Chao, brought this lawsuit on behalf of eight former employees of A-One Medical Services, Inc. and Alternative Rehabilitation Home Healthcare, Inc. to recover unpaid overtime payments under the Fair Labor Standards Act (FLSA). The district court granted summary judgment in favor of the Secretary and…

Alvarez v. IBP, Inc., 339 F.3d 894 (9th Cir. 2003)

Meat packing employees of IBP, Inc. (the world’s largest producer of fresh beef, pork and related products) filed a class action lawsuit alleging violations of the federal Fair Labor Standards Act (FLSA). The employees (all of whom were non-exempt from the overtime requirements of state and federal law) alleged that they should have been…