class action

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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…

Kullar v. Foot Locker Retail, Inc., 168 Cal. App. 4th 116 (2008)

Crystal Echeverria and two other objectors challenged the fairness and adequacy of a settlement of a class action lawsuit involving approximately 18,000 Foot Locker employees who were required to “purchase and wear shoes of a distinctive design or color as a term and condition of their employment” (the “uniform class”) as well…

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 on these claims, which the Court of Appeal affirmed.…

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,…

Alch v. Superior Court, 165 Cal. App. 4th 1412 (2008)

In this ongoing putative class action filed by television writers alleging “industry-wide” age discrimination, the writers served subpoenas on the Writers Guild of America (“WGA”) and other third parties, seeking demographic information, including dates of birth, employment data such as writers’ employers, job titles, credits and dates of employment, and anecdotal evidence of age…

Brinker Restaurant Corp. v. Superior Court, 165 Cal. App. 4th 25 (2008)

In this case, the Court of Appeal decided a number important issues concerning employee class action claims for alleged rest break violations, meal period and “early lunching” violations and off-the-clock/“time shaving” violations. The Court of Appeal determined the claims were not amenable to class treatment because individual issues predominated and, accordingly, granted…

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…

Gattuso v. Harte-Hanks Shoppers, Inc., 42 Cal. 4th 554 (2007)

Frank Gattuso is an outside sales representative for Harte-Hanks, a California corporation that prepares and distributes advertising booklets and leaflets, including the PennySaver and the California Shopper. Rather than separately reimburse outside sales representatives for their automobile expenses, Harte-Hanks paid them higher salaries and commissions than it paid its inside sales representatives. Gattuso and…

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.…

Burnside v. Kiewit Pac. Corp., 2007 WL 1760747 (9th Cir. 2007)

The employees in this class action case were required to report to a designated site before being transported in company vans or pickup trucks to their jobsites. The employees were told that the reason for this arrangement was that there was a “shortage of parking spaces at the jobsites.” The combined meeting and…