overtime

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Bell v. H.F. Cox, Inc., 2012 WL 3846827 (Cal. Ct. App. 2012)

Oscar Bell and other truck drivers filed a putative class action against Cox, alleging wage and hour violations. Among other things, the drivers alleged that Cox had failed to pay promised vacation benefits to current employees (it paid them a flat rate of $500 of vacation pay per week, which was later…

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 the meaning of Wage Order No. 15 and thus…

Ruiz v. Affinity Logistics Corp., 667 F.3d 1318 (9th Cir. 2012)

Fernando Ruiz and similarly situated drivers filed a class action against Affinity alleging violations of the Fair Labor Standards Act and California law for failure to pay overtime, failure to pay wages, improper charges for workers’ compensation insurance and unfair business practices. To work for Affinity, the drivers had to enter into an…

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. The Court of Appeal agreed with USB that the…

Sullivan v. Oracle Corp., 662 F.3d 1265 (2011)
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, in California.…

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” exempt from the FLSA’s overtime pay requirements. The district…

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 contract. Although Pitts claimed only $88 in damages for…

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 in favor of UPS on the remaining claims. The…

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 alleging violation of the Unfair Competition Law, plaintiffs alleged…

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 worked in excess of eight hours per day and…