unpaid wages

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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…

Alvarez v. May Dep’t Stores Co., 143 Cal. App. 4th 1223 (2006)

Plaintiffs in this case are 56 current and former Area Sales Managers employed by May Department Stores who alleged that they were improperly classified as exempt administrative employees and that they were not paid statutory overtime that was owed to them. The trial court sustained without leave to amend May’s demurrer based…

Church v. Jamison, 143 Cal. App. 4th 1568 (2006)

In this action arising from the alleged malpractice of John Church’s attorney, the trial court granted the attorney’s motion for judgment on the pleadings on the ground that the attorney could not be held liable for legal malpractice because the statute of limitations had not run on Church’s claim for unpaid vacation at the time…

Valles v. Ivy Hill Corp., 410 F.3d 1071 (9th Cir. 2005)

David Valles and John Breslin sued their employer, the Ivy Hill Corporation, for failing to provide them and other unionized employees with adequate meal periods and rest breaks in violation of the California Labor Code and the applicable wage regulations. In response to the lawsuit, Ivy Hill removed the action to federal court…

Fashion 21 v. Coalition for Humane Immigrant Rights of Los Angeles, 117 Cal. App. 4th 1138 (2004)

Fashion 21, a nationwide retailer of women’s clothing, purchased garments from manufacturers and sewing contractors that allegedly exploited their employees by refusing to properly pay them or provide them with clean and safe facilities in which to work. The Coalition for Humane Immigrant Rights of Los Angeles…

Brigham v. Eugene Water & Elec. Bd., 357 F.3d 931 (9th Cir. 2004)

James Brigham and other employees of the Eugene Water & Electric Board (EWEB) were stationed at the Carmen Smith Hydroelectric Project, a power generation facility straddling the upper McKenzie River, 70 miles east of Eugene, Oregon, in the Willamette National Forest. Four EWEB employees worked and were required to live on-site…

Bell v. Farmers Ins. Exchange, 115 Cal. App. 4th 715 (2004)

Following a jury trial, Farmers Insurance Exchange was ordered to pay a class consisting of 2,402 current and former claims representatives over $90 million in unpaid overtime and over $32 million in prejudgment interest. The claims representatives contended that Farmers had improperly classified them as exempt administrative employees and had unlawfully deprived them…

Espinoza v. Classic Pizza, Inc., 114 Cal. App. 4th 968 (2003)

Pedro Espinoza, a non-exempt employee, worked at Classic Pizza from August of 1995 until June of 1999. He testified that he worked 62 hours per week until approximately June or August of 1998, and, thereafter, he worked 60 hours per week. Prior to January 1, 1998, Espinoza was owed overtime pay for any…