Duran v. U.S. Bank Nat’l Ass’n, 19 Cal. App. 5th 630 (2018)

Samuel Duran and Matt Fitzsimmons filed this wage-and-hour class action challenging the Bank’s classification of its business banking officers as exempt employees under the outside salesperson exemption. The trial court denied class certification after concluding plaintiffs had failed to carry their burden of showing that common questions predominated. The trial court

Pineda v. Bank of America, 50 Cal. 4th 1389 (2010)

Although plaintiff Jorge A. Pineda gave two weeks’ notice of his resignation from Bank of America, the bank did not pay him his final wages on his last day of employment, as required by Cal. Labor Code § 202, but instead paid him four days late. In this putative class action, Pineda sued for

On November 18, the California Supreme Court in Pineda v. Bank of America, No. S170758 (Cal. Nov. 18, 2010) (pdf) clarified two issues regarding so-called “waiting time penalties” (i.e., penalties under California Labor Code Section 203 associated with the late payment of final wages upon termination of employment). First, the Court ruled that a three-year statute of limitations applies to such actions, whether or not accompanied by a claim for the underlying late wages. Second, it held that waiting time penalties are not recoverable as restitution under California’s unfair competition law, Business and Professions Code Section 17200 (the “UCL”). While the latter ruling is marginally beneficial to employers by limiting liability under the UCL, the Court’s finding of a three-year statute of limitations for waiting time penalties dramatically expands potential employer liability.

Korea Supply Co. v. Lockheed Martin Corp., 29 Cal. 4th 1134 (2003)

Korea Supply Company (KSC) sued Lockheed Martin for violation of California‘s Unfair Competition Law (UCL) and for interference with prospective economic relations after Lockheed Martin’s predecessor, Loral Corporation, was awarded a contract to provide military equipment to the Republic of Korea. KSC alleged that the contract was awarded to Loral

Valerio v. Andrew Youngquist Constr., 103 Cal. App. 4th 1264 (2002)

Andrew Youngquist Construction (a general contractor doing business as Birtcher Construction Services) solicited bids from subcontractors to build the Brenden Theater complex in Vacaville. Birtcher awarded Valerio the painting subcontract on the condition that he submit a performance bond. Valerio began working on the project even though he had not received an executed