Overtime

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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…

Sampson v. Parking Service 2000.Com, Inc., 117 Cal. App. 4th 212 (2004)

George Sampson filed a wage claim with the California Division of Labor Standards Enforcement (the Labor Commissioner) in which he sought unpaid overtime, vacation pay, tips and penalties. After a two-day administrative hearing (at which Sampson was represented by an attorney), the hearing officer decided in Sampson’s favor and awarded him approximately…

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…

Bell v. Farmers Ins. Exchange, 115 Cal. App. 4th 715 (2004)

Following a jury trial, Farmers Insurance Exchange was ordered to pay a class consisting of 2,402 current and former claims representatives over $90 million in unpaid overtime and over $32 million in prejudgment interest. The claims representatives contended that Farmers had improperly classified them as exempt administrative employees and had unlawfully deprived them…

Miller v. Yokohama Tire Corp., 358 F.3d 616 (9th Cir. 2004)

Christopher Miller, who worked for Yokohama Tire Corporation for 11 years before his termination, alleged that he was denied overtime pay as a result of a “fraudulent scheme” on the part of his employer. Miller further alleged that Yokohama mailed him and other improperly paid employees their paychecks or pay stubs twice monthly…

Espinoza v. Classic Pizza, Inc., 114 Cal. App. 4th 968 (2003)

Pedro Espinoza, a non-exempt employee, worked at Classic Pizza from August of 1995 until June of 1999. He testified that he worked 62 hours per week until approximately June or August of 1998, and, thereafter, he worked 60 hours per week. Prior to January 1, 1998, Espinoza was owed overtime pay for any…

California School of Culinary Arts v. Lujan, 112 Cal. App. 4th 16 (2003)

The employer, California School of Culinary Arts (CSCA), failed to pay its instructors overtime under Industrial Welfare Commission Wage Order 4-2001 on the ground that the instructors were subject to the professional exemption of the Wage Order. The California Division of Labor Standards Enforcement (DLSE) disagreed, contending that the exemption did…

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…

Parris v. Superior Court, 109 Cal. App. 4th 285 (2003)

Cynthia Parris and Willie Lopez filed a class action lawsuit against Lowe’s H.I.W., Inc., alleging violations of California’s wage and hour laws regarding allegedly unpaid overtime compensation that was owed to employees who were compelled to work “off the clock.” Parris and Lopez then filed a motion for leave to communicate with potential class…