Fierro v. Landry’s Rest. Inc., 23 Cal. App. 5th 325 (2018) Jorge Fierro filed this class action, claiming that he and the other members of the putative class were misclassified as exempt employees and that, in fact, they were non-exempt, non-managerial employees who are owed unpaid overtime wages and penalties. Landry’s responded by filing a … Continue Reading
Curry v. Equilon Enterprises, LLC, 2018 WL 1959472 (Cal. Ct. App. 2018) Sadie Curry worked as a gas station manager at a station owned by Shell Oil, but operated by another company (ARS). Curry was hired, trained and supervised by ARS employees, and ARS alone determined that Curry was an exempt employee. In this putative … Continue Reading
Harris v. Superior Court, 207 Cal. App. 4th 1225 (2012) Plaintiffs in this case are insurance claims adjusters who claim they were misclassified as exempt from overtime under the administrative exemption. The Court of Appeal held that because the adjusters’ primary work duties are the day-to-day tasks of adjusting individual claims and are not directly … Continue Reading
Cash v. Winn, 205 Cal. App. 4th 1285 (2012) Joy Cash, who is not a licensed or trained nurse, cared for Iola Winn, who is in her 90’s, in Winn’s home. After she left her employment, Cash sued Winn for failure to pay her overtime wages. Winn claimed that Cash was a personal attendant within … Continue Reading
Duran v. U.S. Bank Nat’l Ass’n, 203 Cal. App. 4th 212 (2012) U.S. Bank (“USB”) appealed a $15 million judgment that was entered against it following a bifurcated bench trial. The plaintiffs are 260 current and former business banking officers who claimed they were misclassified by USB as outside sales personnel exempt from overtime pay. … Continue Reading
We invite you to review our newly-posted January 2012 California Employment Law Notes – a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Insurance Claims Adjusters May Be Exempt Administrative Employees Attorney Was Properly Denied Precertification Discovery To Find A New Class Representative Employee-Attorney’s $440,000 Verdict Against … Continue Reading
Solis v. State of Washington, 656 F.3d 1079 (9th Cir. 2011) The U.S. Secretary of Labor filed a complaint against the State of Washington’s Department of Social and Health Services (“DSHS”), alleging a violation of the Fair Labor Standards Act of 1938 (“FLSA”) based upon the DSHS’s classification of its social workers as “learned professionals” … Continue Reading
Zelasko-Barrett v. Brayton-Purcell, LLP, 198 Cal. App. 4th 582 (2011) Following his graduation from law school but before he had passed the California bar examination, Matthew Zelasko-Barrett worked for the law firm of Brayton-Purcell, LLP as a Law Clerk II. After his voluntary departure from the firm, Zelasko-Barrett filed this lawsuit claiming he was misclassified … Continue Reading
Hodge v. Aon Ins. Servs., 192 Cal. App. 4th 1361 (2011) Plaintiffs in this case are claims adjusters employed by a third party administrator (Cambridge Integrated Services Group, Inc.). Depending on the entity with which it contracts and the terms of the contract, Cambridge adjusts general liability, vehicle-related and workers’ compensation claims. In their claim … Continue Reading
In re United Parcel Service Wage & Hour Cases, 2010 WL 4983586 (Cal. Ct. App. 2010) At various times during his employment with UPS, David Taylor held three different jobs, including hub supervisor, on-road supervisor and center manager/business manager, in which he supervised numerous hourly employees and lower level supervisors. In all three jobs, Taylor … Continue Reading
Hernandez v. Chipotle Mexican Grill, Inc., 189 Cal.App.4th 751 (2010) Rogelio Hernandez worked as a non-exempt employee at Chipotle Mexican Grill. In this putative class action, Hernandez alleged that Chipotle violated California wage and hour law by failing to ensure that its employees took their meal breaks. The trial court granted Chipotle’s motion to deny … Continue Reading
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