unpaid wages

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By Anthony J. Oncidi and Nayirie Kuyumjian

The California Chamber of Commerce has just identified a new raft of recently introduced “job killer” bills that have been proposed in the California Legislature.

This year’s list of 27 proposed laws includes measures that would impose additional penalties for an employer’s failure to pay wages; increase the personal income tax for the highest earners in California; ban…

Beck v. Stratton, 9 Cal. App. 5th 483 (2017)

Anthony Stratton filed a claim against Thomas Beck with the labor commissioner for unpaid wages in the amount of $303.55. After conducting an administrative hearing, the labor commissioner awarded Stratton $303.50 plus an additional $5,757.46 in liquidated damages, interest and statutory penalties for a total award of $6,060.96. Beck then filed an appeal in the…

Glatt et al. v. Fox Searchlight Pictures, Inc. et al., 2015 WL 4033018 (2d Cir. 2015)

Plaintiffs Eric Glatt and Alexander Footman were retained as unpaid interns on the Fox Searchlight-distributed film Black Swan; Plaintiff Eden Antalik interned at Fox Searchlight’s corporate offices in New York City. Glatt and Footman sued for unpaid wages (minimum wage and overtime) under the federal Fair Labor

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Aleman v. AirTouch Cellular, 209 Cal. App. 4th 556 (2012)

Two members of a putative class appealed from a trial court order granting summary judgment against them. The Court of Appeal affirmed summary judgment on the ground that the employee was not entitled to receive reporting time pay for attending meetings at work because all of the meetings in question were scheduled in advance,…

Thurman v. Bayshore Transit Mgmt., Inc., 203 Cal. App. 4th 1112 (2012)

Leander Thurman sued Bayshore for alleged violations of the Private Attorneys General Act of 2004 (“PAGA”) and the Unfair Competition Law and, following a bench trial, a judgment was entered imposing civil penalties, including unpaid wages, against Bayshore in the total amount of $358,588 and awarding Thurman restitution in the amount of…

Pineda v. Bank of Am., N.A., 170 Cal. App. 4th 388 (2009)

Jorge Pineda filed this class action against Bank of America for unpaid wages and for “waiting-time” penalties under Labor Code § 203. Although Pineda gave the bank two weeks’ advance notice of his resignation, the bank failed to pay him his final pay until four days after his employment had ended. Pineda…

Bradstreet v. Wong, 161 Cal. App. 4th 1440 (2008)

Toha Quan and Anna Wong owned the capital stock and served as corporate officers or directors of three San Francisco garment manufacturing companies (the “Wins Corporations”). For several months during the summer of 2001, the Wins Corporations failed to meet their payroll obligations, and the owners encouraged the employees to continue working without pay. After…

Gonzalez v. Beck, 158 Cal. App. 4th 598 (2007)

Josepha Gonzalez worked as a caregiver and housekeeper for the Beck Family. Upon the termination of her employment, she filed a claim for unpaid wages with the California Labor Commissioner. When the Becks failed to answer or appear at the administrative hearing, Gonzalez obtained an award of $70,238.54 (including interest and penalties) from the Commissioner…

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…

Murphy v. Kenneth Cole Productions, Inc., 2007 WL 1111233 (Cal. S. Ct. 2007)

Former store manager John Paul Murphy sued Kenneth Cole Productions, Inc. (KCP), a small, upscale retail clothing store, for violations of the wage and hour law, asserting that he was improperly classified as an exempt employee. After resigning his employment, Murphy filed a complaint with the Labor Commissioner. The Labor Commissioner awarded…