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 and later as the director of network operations, alleged…
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 he alleged claims for breach of contract, failure…
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 of six weeks’ salary in exchange for his execution…
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 considered Eicher to be a consultant and paid him…
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 to decertify the subclass on the ground that “common…
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 for Albertson’s since 2000. In support of his motion…
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 addition, they were subject to a “chargeback” if the…
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