Reynolds v. Bement, 107 Cal. App. 4th 738 (2003)
In this class action lawsuit brought by shop managers and assistant shop managers of Earl Scheib, Inc., the managers asserted that the officers and directors of Earl Scheib were personally liable for unpaid overtime in that they were “employers” within the meaning of Industrial Welfare Commission Wage Order No. 9. The trial court sustained…
Collins v. Overnite Transp. Co., 105 Cal. App. 4th 171 (2003)
The truck drivers in this case filed a class action, seeking unpaid overtime compensation from their employer, Overnite Transportation Company, a motor carrier. Overnite responded by filing a demurrer, seeking dismissal of the drivers’ claims on the ground that Wage Order No. 9 provides an exemption for motor carriers such as Overnite. The…
Gregory v. SCIE, LLC, 317 F.3d 1050 (9th Cir. 2003)
Rodney Gregory, a member of Local 44 of the IATSE union, filed an action in state court alleging a violation of the California Labor Code and Wage Orders for SCIE’s failure to pay him premium wage rates for overtime work he had performed. SCIE removed the action to federal court on the ground that…
Bothell v. Phase Metrics, Inc., 299 F.3d 1120 (9th Cir. 2002)
Rex Bothell, a former field service engineer employed by Phase Metrics, Inc., alleged that he had been improperly classified as an exempt administrative employee under state and federal law and sought unpaid overtime. Phase Metrics maintained that Bothell was essentially an account manager who performed his job independently, made or recommended decisions critical…
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