Techno Lite, Inc. v. Emcod, LLC, 44 Cal. App. 5th 462 (2020)

Techno Lite employees Scott Drucker and Arik Nirenberg entered into an agreement with Techno Lite not to compete with Techno Lite while they were still employed with that company. Later, Techno Lite sued Drucker and Nirenberg for “siphoning off accounts of Techno Lite’s and diverting the business of [Techno Lite] to

We invite you to review our newly-posted January 2019 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:

Donohue v. AMN Servs., LLC, 2018 WL 6445360 (Cal. Ct. App. 2018)

AMN used a computer-based timekeeping system for all nonexempt employees, including plaintiffs/nurse recruiters. The timekeeping system rounded recruiters’ punch times (both punch in and punch out) to the nearest 10-minute increment. To establish the proper hourly compensation, AMN converted each 10-minute increment to a decimal (to the nearest hundredth of a minute),

Mora v. Webcor Constr., L.P., 20 Cal. App. 5th 211 (2018)

Steven Mora filed this putative class action/PAGA claim against his former employer, Webcor Construction, for violation of the California wage statement statute (Cal. Lab. Code § 226(a)) based upon payments made to a union vacation trust fund authorized by the Labor Management Relations Act of 1947 (“LMRA”). The trial court sustained the

Safeway, Inc. v. Superior Court, 238 Cal. App. 4th 1138 (2015)

Plaintiffs in this class action lawsuit alleged claims against Safeway and Vons for failure to provide meal and rest breaks, failure to provide itemized pay statements, unfair business practices under the Unfair Competition Law (“UCL”) and penalties under the Labor Code Private Attorneys General Act of 2004 (“PAGA”). Plaintiffs asserted that the employers

Roy Allan Slurry Seal, Inc. v. American Asphalt South, Inc., 2015 WL 738675 (Cal. Ct. App. 2015)

Between 2009 and 2012, American Asphalt South, Inc. (“American”) outbid Roy Allan Slurry Seal, Inc. (“Allan”) or Doug Martin Contracting, Inc. (“Martin”) on 23 public works contracts totaling more than $14.6 million to apply a slurry seal protective coating to various roadways throughout Southern California. Allan and

People v. Pac Anchor Transp., Inc., 2014 WL 3702674 (Cal. S. Ct. 2014)

The People on behalf of the State of California filed this unfair competition law (“UCL”) action against Pac Anchor Transportation, Inc., for misclassifying drivers as independent contractors and for other alleged violations of California labor and unemployment insurance laws.  In response, Pac Anchor filed a motion for judgment on the pleadings

Aleksick v. 7-Eleven, Inc., 205 Cal. App. 4th 1176 (2012)

Kimberly Aleksick, who worked as a clerk at a 7-Eleven store, sued 7-Eleven (the franchisor of the store where Aleksick was employed) for violation of the Unfair Competition Law (“UCL”). Aleksick alleged that 7-Eleven, which provides payroll services to its franchisees, violated the UCL by converting any partial hour worked in a pay period

Thurman v. Bayshore Transit Mgmt., Inc., 203 Cal. App. 4th 1112 (2012)

Leander Thurman sued Bayshore for alleged violations of the Private Attorneys General Act of 2004 (“PAGA”) and the Unfair Competition Law and, following a bench trial, a judgment was entered imposing civil penalties, including unpaid wages, against Bayshore in the total amount of $358,588 and awarding Thurman restitution in the amount of

Sullivan v. Oracle Corp., 662 F.3d 1265 (2011)
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 California.