California Employment Law Update

Tag Archives: reimbursement

Certification Was Properly Denied In Class Action Seeking Reimbursement From Employer

Morgan v. Wet Seal, Inc., 210 Cal. App. 4th 1341 (2012) Crystal Morgan and two other former employees sued Wet Seal because the company allegedly required employees to purchase Wet Seal clothing and merchandise as a condition of employment and also failed to reimburse employees for their mileage between Wet Seal business locations. The trial … Continue Reading

Messengers Were Independent Contractors And Not Employees

Cristler v. Express Messenger Systems, Inc., 171 Cal. App. 4th 72 (2009) James Cristler and others sued Express Messenger, a parcel delivery service, for violations of California law based upon Express’ allegedly illegal classification of its workers as independent contractors and not employees. Among other things, plaintiffs alleged violations of the California overtime requirements, as … Continue Reading

Employer Could Recover Training Costs From Employee But Could Not Withhold Same From Final Check

City of Oakland v. Hassey, 163 Cal. App. 4th 1477 (2008) The city sued Kenny D. Hassey for breach of contract after he failed to reimburse it for the costs of training him to become a police officer with the Oakland Police Department. Oakland had entered into a memorandum of understanding with the Oakland Police Officers’ Association authorizing … Continue Reading

Employer Could Pay Employees Increased Compensation Rather Than Reimburse Them Separately For Expenses

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 … Continue Reading

Class Action Seeking Reimbursement Of Sales Reps’ Automobile Expenses Was Properly Dismissed

Gattuso v. Harte-Hanks Shoppers, Inc., 35 Cal. Rptr. 3d 260 (2005) Frank Gattuso and Ernest Sigala brought a class action on behalf of themselves and other employees of Harte- Hanks, seeking indemnification for expenses they incurred in using their personal automobiles in the discharge of their employment duties as outside sales representatives (OSR’s). Harte-Hanks presented … Continue Reading

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