California Employment Law Update

Category Archives: Payroll

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Employee Was Not Entitled To Punitive Damages For Labor Code Violations

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 … Continue Reading

Claims For Unpaid Meal Periods And Inaccurate Paystubs Were Properly Dismissed

Brinkley v. Public Storage, Inc., 167 Cal. App. 4th 1278 (2008) Fred Brinkley, a property manager for Public Storage, asserted class action and individual claims for violations of Labor Code § 226 (requiring accuracy of paystubs) and § 226.7 (meal and rest period requirements). The trial court granted summary adjudication in favor of the employer … Continue Reading

Operator Of Nursing Home Chain Was Properly Convicted For Failing To Pay Over Payroll Taxes

United States v. Easterday, 539 F.3d 1176 (9th Cir. 2008) Jack Easterday operated a chain of nursing homes. Between 1998 and 2005, the payroll taxes for his company and its subsidiaries were approximately $45 million of which only $26 million was paid to the IRS. In his criminal trial for failure to pay over payroll taxes, … Continue Reading

Employee Failed To State RICO Claim Based On Alleged Mail Fraud

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 … Continue Reading
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