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The Ninth Circuit has withdrawn its published opinion in this case and certified the following questions to the California Supreme Court: (1) Does the California Labor Code apply to overtime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…
Cristler v. Express Messenger Systems, Inc., 171 Cal. App. 4th 72 (2009)
James Cristler and others sued Express Messenger, a parcel delivery service, for violations of California law based upon Express’ allegedly illegal classification of its workers as independent contractors and not employees. Among other things, plaintiffs alleged violations of the California overtime requirements, as well as requirements to properly itemize wages and to…
Ghazaryan v. Diva Limousine, Ltd., 169 Cal. App. 4th 1524 (2009)
Sarkis Ghazaryan filed this class action lawsuit alleging that Diva Limousine had failed to pay wages, overtime compensation, and to provide meal periods and rest breaks in violation of California law. Diva followed a policy of paying its drivers an hourly rate of pay for assigned trips but it failed to pay them…
Nigg v. United States Postal Serv., 555 F.3d 781 (2009)
Robert Nigg, a postal inspector currently employed by the United States Postal Service (“USPS”), and Keith Lewis, a retired postal inspector, sued the USPS alleging postal inspectors are entitled to overtime pay under the Fair Labor Standards Act (“FLSA”). The district court granted summary judgment to the USPS after concluding that another federal statute…
Larner v. Los Angeles Doctors Hosp. Associates, LP, 168 Cal. App. 4th 1291 (2008)
Josephine Larner, a nurse, sued her former employer, a hospital, for allegedly unpaid overtime. Larner brought the action on behalf of herself and all current and former nonexempt workers employed by defendants who failed to receive required premium overtime wages for the previous four years. The hospital successfully moved for…
Brewer v. Premier Golf Properties, LP, 168 Cal. App. 4th 1243 (2008)
Christine Brewer, a waitress who had been employed at the Cottonwood Golf Club, quit her job and filed a complaint seeking damages for various alleged violations of the California Labor Code. After a jury trial, Brewer was awarded less than $1,000 for unpaid regular and overtime wages, $6,000 for unpaid meal and…
Sullivan v. Oracle Corp., 547 F.3d 1177 (9th Cir. 2008)
Three Oracle instructors (all non-residents of California) filed this class action to recover allegedly unpaid overtime under California law for work they performed while in California. Two of the instructors were residents of Colorado and one was a resident of Arizona; all of them worked in their home states and, from time to time,…
In re BCBG Overtime Cases, 163 Cal. App. 4th 1293 (2008)
BCBG Maxazria filed a motion to strike class allegations from the complaint Christina Denkinger filed in which she and other putative class representatives alleged that BCBG misclassified its managers and assistant managers as exempt from overtime because they spend more than 50 percent of their time performing duties delegated to non-exempt employees. In…
Advanced-Tech Sec. Services, Inc. v. Superior Court, 163 Cal. App. 4th 700 (2008)
Ester Roman, who was employed as a security guard for Advanced-Tech, worked 12 hours on Labor Day 2006 and eight hours on Memorial Day 2007. Advanced-Tech’s employee handbook stated that employees who worked on designated holidays, including Labor Day and Memorial Day, would be paid 1.5 times their regular rate of…
Combs v. Skyriver Communications, Inc., 159 Cal. App. 4th 1242 (2008)
Mark Combs sued his former employer, Skyriver Communications, and Skyriver’s former interim CEO, Massih Tayebi, for violations of the California Labor Code, the Unfair Competition Law and the Private Attorneys General Act of 2004. Combs, who was employed as the manager of capacity planning and later as the director of network operations, alleged…
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