California Employment Law Update

Tag Archives: overtime

Offer of Judgment for Full Amount of Class Rep’s Claim Did Not Moot Class Action

Pitts v. Terrible Herbst, Inc., 653 F.3d 1081 (2011) Gareth Pitts filed a class action against his employer, Terrible Herbst, Inc., alleging a collective action under the Fair Labor Standards Act for failure to pay overtime and minimum wages, a class action for violations of Nevada labor laws and a class action for breach of … Continue Reading

Prevailing Employer Should Have Been Permitted To Recover Its Costs from Employee

Plancich v. UPS, Inc., 198 Cal. App. 4th 308 (2011) Larry Plancich sued UPS for failure to pay overtime, meal and rest breaks; failure to keep, maintain and furnish accurate wage statements, and unfair competition, among other claims. The trial court ruled in favor of UPS on the unfair competition claim and a jury found … Continue Reading

Claims Adjusters Were Properly Classified As Exempt Administrative Employees

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

UPS Manager/Supervisor Was Exempt From Overtime

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

Employer Did Not Violate FLSA By Changing Pay Rates For Nurses Working Alternative Workweeks

Parth v. Pomona Valley Hosp., 2010 WL 5064380 (9th Cir. 2010) The Fair Labor Standards Act required Pomona Valley Hospital Medical Center (“PVHMC”) to pay its employees 1-1/2 times the employees’ regular rate for any employment in excess of eight hours in any workday and in excess of 80 hours in a 14-day period. However, … Continue Reading

Class Action Should Have Been Certified As To Claims For Overtime, But Not Meal And Rest Periods

Faulkinbury v. Boyd & Assocs., Inc., 185 Cal. App. 4th 1363 (2010) Plaintiffs sought to represent and certify a class of 4,000 current and former employees of Boyd & Associates, which provides security guard services throughout Southern California. Plaintiffs alleged that Boyd denied the putative class members off-duty meal periods and rest breaks and that … Continue Reading

Retroactive Overtime for Misclassified Salaried Employees: The DOL Supports the Fluctuating Workweek’s Half-Time Methodology

The U.S. Department of Labor’s (the “DOL”) Wage and Hour Division recently issued a Wage and Hour Opinion Letter, FLSA 2009-3, addressing how a company can compute overtime payments retroactively for salaried employees it had mistakenly classified as exempt (not overtime-eligible) under the Fair Labor Standards Act (“FLSA” or the “Act”). The DOL reiterated its … 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

Postal Inspectors May Be Entitled To Overtime Pay Under The Fair Labor Standards Act

Nigg v. United States Postal Serv., 555 F.3d 781 (2009) Robert Nigg, a postal inspector currently employed by the United States Postal Service (“USPS”), and Keith Lewis, a retired postal inspector, sued the USPS alleging postal inspectors are entitled to overtime pay under the Fair Labor Standards Act (“FLSA”). The district court granted summary judgment … Continue Reading

Employee’s Overtime Claims Were Barred By Settlement Agreement

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 … 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

Employer Properly Paid 1.5 Times Regular Rate For Overtime Worked On Holiday

Advanced-Tech Sec. Services, Inc. v. Superior Court, 163 Cal. App. 4th 700 (2008) Ester Roman, who was employed as a security guard for Advanced-Tech, worked 12 hours on Labor Day 2006 and eight hours on Memorial Day 2007. Advanced-Tech’s employee handbook stated that employees who worked on designated holidays, including Labor Day and Memorial Day, … 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

Pharmacist’s Claims For Breach Of Contract And Unpaid Overtime Were Properly Dismissed

Soremekun v. Thrifty Payless, Inc., 509 F.3d 978 (9th Cir. 2007) Adediji Adesola Soremekun, who was employed as a pharmacist at Thrifty Payless d/b/a Rite Aid, was subject to a collective bargaining agreement that existed between Rite Aid and the United Food and Commercial Workers Union. After resigning his employment, Soremekun filed a lawsuit in which … Continue Reading

Release Enforced As To Defamation And Overtime Claims – But Not Claim Under USERRA

Perez v. Uline, Inc., 157 Cal. App. 4th 953 (2007) On the day that Brian Perez, a captain in the United States Marine Corps Reserves, returned to work after duty with the Reserves, his employment with Uline, Inc. was terminated. He was presented with a “Severance Agreement and Release,” offering him severance in the amount … Continue Reading

Employee Who Provided Customer Service And Training Related To Company’s Software Was Not Exempt From Overtime

Eicher v. Advanced Bus. Integrators, Inc., 2007 WL 1678244 (Cal. Ct. App. 2007) ABI sells computer software that is used in sports and entertainment venues to schedule staff, manage payroll, credentialing and security and to keep track of costs. ABI employed Michael Eicher to provide on-site customer service and training on the ABI software. ABI … Continue Reading

Outside Sales Managers Could Not Proceed With Class Action For Unpaid Overtime

Walsh v. IKON Office Solutions, Inc., 56 Cal. Rptr. 3d 534 (Ct. App. 2007) The trial court in this case initially granted the plaintiffs’ motion to certify a subclass of account managers who had been treated as exempt employees under the outside salesperson exemption. However, almost a year later, a different judge granted IKON’s motion … Continue Reading

Trial Court Properly Refused To Certify Class Of Grocery Managers Exempt From Overtime

Dunbar v. Albertson’s, Inc., 141 Cal. App. 4th 1422 (2006) Maurice Dunbar, a grocery manager for Albertson’s, filed this class action in which he asserted that he and other similarly situated Albertson’s employees were misclassified as executive employees exempt from overtime. The putative class consisted of approximately 900 individuals who had worked as grocery managers … Continue Reading

Telemarketers Permitted To Proceed With Class Action For Violation Of State And Federal Wage Laws

Harris v. Investor’s Business Daily, 138 Cal. App. 4th 28, 2006 WL 786806 (Mar. 29, 2006) Plaintiffs were employed as telemarketers selling subscriptions to a financial newspaper, Investor’s Business Daily. The telemarketers’ compensation was based on a point system, which rewarded them for selling longer subscriptions, winning daily contests and meeting weekly sales goals. In … Continue Reading

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