California Employment Law Update

Tag Archives: wage and hour

PAGA Judgment Is Mostly Affirmed In Employee’s Favor

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 … Continue Reading

California Overtime Requirements Apply To Work Performed By Non-Resident Employees

Sullivan v. Oracle Corp., 662 F.3d 1265 (2011) Three Oracle instructors (all non-residents of California) filed this class action to recover allegedly unpaid overtime under California law for work they performed while in California. Two of the instructors were residents of Colorado and one was a resident of Arizona; all of them worked in their … Continue Reading

Claims For Reporting Time Pay And Split Shifts Were Properly Dismissed

Aleman v. AirTouch Cellular, 202 Cal. App. 4th 117 (2011) Daniel Krofta and Mary Katz filed this putative class action against their employer, alleging reporting time pay violations and seeking additional compensation for working split shifts. Krofta sought reporting time pay for days he attended meetings at work even though he was furnished work (and … Continue Reading

Attorney Was Properly Denied Precertification Discovery To Find A New Class Representative

Pirjada v. Superior Court, 201 Cal. App. 4th 1074 (2011) Putative class representative Obaidul H. Pirjada filed a complaint on behalf of himself and a putative class of all security guards who had been employed in California by Pacific National Security, Inc. during the preceding four years. The complaint alleged a failure to provide meal-and-rest … Continue Reading

Claims Adjusters Were Properly Classified As Exempt Administrative Employees

Hodge v. Aon Ins. Servs., 192 Cal. App. 4th 1361 (2011) Plaintiffs in this case are claims adjusters employed by a third party administrator (Cambridge Integrated Services Group, Inc.). Depending on the entity with which it contracts and the terms of the contract, Cambridge adjusts general liability, vehicle-related and workers’ compensation claims. In their claim … Continue Reading

Employer Did Not Violate FLSA By Changing Pay Rates For Nurses Working Alternative Workweeks

Parth v. Pomona Valley Hosp., 2010 WL 5064380 (9th Cir. 2010) The Fair Labor Standards Act required Pomona Valley Hospital Medical Center (“PVHMC”) to pay its employees 1-1/2 times the employees’ regular rate for any employment in excess of eight hours in any workday and in excess of 80 hours in a 14-day period. However, … Continue Reading

Supreme Court Clarifies Liability on Waiting Time Penalties

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 … Continue Reading

Ninth Circuit Refuses to Allow Parallel Federal and State Wage-and-Hour Class Actions to Proceed

On November 3, 2010, the Ninth Circuit Court of Appeals refused to hear an appeal brought by a Harrah’s Las Vegas casino dealer challenging the District Court’s ruling that her proposed state wage-and-hour class action was preempted by the Fair Labor Standards Act (FLSA).  In so doing, the Ninth Circuit chose not to revisit the … Continue Reading

Employer Need Only Provide And Not Ensure Meal And Rest Breaks

Hernandez v. Chipotle Mexican Grill, Inc., 189 Cal.App.4th 751 (2010) Rogelio Hernandez worked as a non-exempt employee at Chipotle Mexican Grill. In this putative class action, Hernandez alleged that Chipotle violated California wage and hour law by failing to ensure that its employees took their meal breaks. The trial court granted Chipotle’s motion to deny … Continue Reading

Employer’s Wage Statements Did Not Violate Labor Code

Morgan v. United Retail Inc., 186 Cal. App. 4th 1136 (2010) Amber Morgan filed this class action lawsuit against her former employer under Cal. Lab. Code § 226, alleging United Retail had violated the law because the wage statements issued by the employer listed the total number of regular hours and overtime hours separately and … Continue Reading

Tip-Pooling Is Not Prohibited Under FLSA

Cumbie v. Woody Woo, Inc., 596 F.3d 577 (2010) Misty Cumbie worked as a waitress at the Vita Café (owned and operated by Woody Woo, Inc.). Woo required its servers to contribute their tips to a “tip pool” that was redistributed to all restaurant employees, including the kitchen staff (dishwashers and cooks). Cumbie filed this … Continue Reading

Wage & Hour Class Action Settlement Is Vacated Because Of Insufficiency Of Record

Kullar v. Foot Locker Retail, Inc., 168 Cal. App. 4th 116 (2008) Crystal Echeverria and two other objectors challenged the fairness and adequacy of a settlement of a class action lawsuit involving approximately 18,000 Foot Locker employees who were required to “purchase and wear shoes of a distinctive design or color as a term and … Continue Reading

Owners And Managers Cannot Be Held Personally Liable For Wage Violations

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 … Continue Reading

Resident Employees Need Only Be Paid For Time During Which Work Is Performed

Isner v. Falkenberg/Gilliam & Associates, Inc., 160 Cal. App. 4th 1393 (2008) Ron and Sharon Isner were resident employees of Falkenberg — a property management company specializing in managing nonprofit housing for the elderly. Although the Isners were required to remain on the premises and be on call on designated evenings from 5:00 p.m. until … Continue Reading

Administrative Employee’s Overtime And Meal Period Claims Were Properly Dismissed

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 … Continue Reading

Trial Court Erred In Failing To Certify Broader Wage & Hour Class Action

Bell v. Superior Court, 158 Cal. App. 4th 147 (2007) Four employees of H.F. Cox Inc. d/b/a Cox Petroleum Transport filed this wage and hour class action challenging their employer’s failure to pay overtime; its requirement of off-the-clock work; its failure to provide meal and rest periods; its incorrect calculation of vacation pay; and its … Continue Reading
LexBlog