California Employment Law Update

Tag Archives: 17200

Supreme Court Extends California’s Overtime Laws To Non-Resident Employees

In Sullivan v. Oracle, No. S170577 (Cal. June 30, 2011), the California Supreme Court today resolved three important questions posed by the federal Court of Appeals for the Ninth Circuit regarding California law: (1) Does the California Labor Code apply to overtime work performed in California for a California-based employer by out-of-state plaintiffs, such that … Continue Reading

Supreme Court Clarifies Liability on Waiting Time Penalties

On November 18, the California Supreme Court in Pineda v. Bank of America, No. S170758 (Cal. Nov. 18, 2010) (pdf) clarified two issues regarding so-called “waiting time penalties” (i.e., penalties under California Labor Code Section 203 associated with the late payment of final wages upon termination of employment). First, the Court ruled that a three-year statute … Continue Reading

Class Action Pleading Requirements Need Not Be Satisfied To Assert Private Attorneys General Act Claim

Arias v. Superior Court, 2009 WL 1838973 (Cal. S. Ct. 2009) Jose Arias sued his former employer, Angelo Dairy, for a number of alleged violations of the California Labor Code, including five claims that he asserted on behalf of himself as well as other current and former employees under the Unfair Competition Law (“UCL”). The … Continue Reading

Class Action Pleading Requirements Need Not Be Satisfied To Assert Private Attorneys General Act Claim

Arias v. Superior Court, 2009 WL 1838973 (Cal. S. Ct. 2009) Jose Arias sued his former employer, Angelo Dairy, for a number of alleged violations of the California Labor Code, including five claims that he asserted on behalf of himself as well as other current and former employees under the Unfair Competition Law (“UCL”). The … Continue Reading

Three Wage & Hour Questions Certified To The California Supreme Court

Sullivan v. Oracle Corp., 557 F.3d 979 (9th Cir. 2009) The Ninth Circuit has withdrawn its published opinion in this case and certified the following questions to the California Supreme Court: (1) Does the California Labor Code apply to overtime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 … Continue Reading

Employee May Not Recover Penalties As Restitution Under Unfair Competition Law

Pineda v. Bank of Am., N.A., 170 Cal. App. 4th 388 (2009) Jorge Pineda filed this class action against Bank of America for unpaid wages and for “waiting-time” penalties under Labor Code § 203. Although Pineda gave the bank two weeks’ advance notice of his resignation, the bank failed to pay him his final pay … Continue Reading

California Overtime Requirements Apply To Work Performed By Non- Resident Employees

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 … Continue Reading

Administrative Employee’s Overtime And Meal Period Claims Were Properly Dismissed

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 … Continue Reading

FedEx Drivers Were Employees For Purposes Of Obtaining Reimbursement For Expenses

Estrada v. FedEx Ground Package Sys., Inc., 154 Cal. App. 4th 1 (2007) Anthony Estrada, a former driver for FedEx, alleged unfair business practices under Business & Professions Code § 17200, contending that the pick-up and delivery drivers were improperly classified as “independent contractors” rather than employees and, as a result, they were owed reimbursement … Continue Reading
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