Wage and Hour

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Isner v. Falkenberg/Gilliam & Associates, Inc., 160 Cal. App. 4th 1393 (2008)

Ron and Sharon Isner were resident employees of Falkenberg — a property management company specializing in managing nonprofit housing for the elderly. Although the Isners were required to remain on the premises and be on call on designated evenings from 5:00 p.m. until 8:00 a.m., they were otherwise free to use the…

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…

Schachter v. Citigroup, Inc., 159 Cal. App. 4th 10 (2008)

During his employment, David B. Schachter, a former securities salesperson for Salomon Smith Barney, participated in Smith Barney’s voluntary Capital Accumulation Plan, which allowed him to direct Smith Barney to pay him five percent of his total compensation in the form of restricted stock; the stock was purchased at a 25% discount below its…

Gonzalez v. Beck, 158 Cal. App. 4th 598 (2007)

Josepha Gonzalez worked as a caregiver and housekeeper for the Beck Family. Upon the termination of her employment, she filed a claim for unpaid wages with the California Labor Commissioner. When the Becks failed to answer or appear at the administrative hearing, Gonzalez obtained an award of $70,238.54 (including interest and penalties) from the Commissioner…

Bell v. Superior Court, 158 Cal. App. 4th 147 (2007)

Four employees of H.F. Cox Inc. d/b/a Cox Petroleum Transport filed this wage and hour class action challenging their employer’s failure to pay overtime; its requirement of off-the-clock work; its failure to provide meal and rest periods; its incorrect calculation of vacation pay; and its failure to pay pro rata vacation pay upon termination.…

White v. Starbucks Corp., 497 F. Supp. 2d 1080 (N.D. Cal. 2007) (Walker, J.)

Steve White, a former store manager for Starbucks, claimed the company had failed to (1) pay overtime wages in violation of Labor Code §§ 201 and 204 and Cal. Code Regs., tit. 8, § 11070(12)(A); (2) provide meal and rest periods in violation of Labor Code §§ 226.7 and 512; and…

Steinhebel v. Los Angeles Times Communications, 126 Cal. App. 4th 696 (2005)

Kurt Steinhebel and other telesales employees of the Los Angeles Times sold newspaper subscriptions and received commissions for those sales. Under the Telesales Agreement, a “chargedback order (when a customer does not keep the paper for at least 28 days)” was not a commissionable order. The employees received commission advances against which…

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…

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…