Plaintiff is an attorney who left private practice in 2007 to work as a law clerk at the superior court. He lost his job at the superior court due to the economic recession and was unable to find employment either in the public or private sector. He filed a claim for unemployment benefits. His benefits commenced […]
Award For Overtime Pay Upheld At Safeway Supermarkets.
After plaintiff was terminated by a grocery chain store, she brought an action to recover unpaid overtime pay because she regularly spent more than 50 percent of her work hours doing nonexempt tasks. The trial court entered judgment awarding her $26,184.60 plus interest for overtime pay. The supermarket appealed, contending the trial court failed to account […]
Employee Does Not Receive Salary And Is Not Exempt From Overtime.
California law provides that, absent an exemption, an employee must be paid time-and-a-half for work in excess of 40 hours per week. To be exempt from that requirement the employee must perform specified duties in a particular manner and be paid “a monthly salary equivalent to no less than two times the state minimum wage […]
U.S. Supreme Court holding on preemption of class action waivers does not apply to representative actions under Private Attorney General Act.
In AT&T Mobility LLC v. Concepcion (2011) 131 S.Ct. 1740, [179 L.Ed.2d 742], the U.S. ff.). In Brown v. Ralphs Grocery Company (Cal. App. Second Dist., Div. 4; July 12, 2011) (As Mod. July 20, 2011) 197 Cal.App.4th 489, [2011 DJDAR 10523], plaintiff sued for alleged violations of the Labor Code, asserting both a class action cause of action […]
General Engineering Construction Company Excluded From Making Bids On Public Works Projects For One Year.
A general engineering construction company performed public works projects. The California Department of Industrial Relations, Division of Labor Standards Enforcement [DLSE] issued a civil wage and penalty assessment, including a disbarment period during which the company would be excluded from making bids on public work projects for one year, against the construction company based on allegations […]
Does Caretaker For Elderly Person In The Home Get Overtime?
Plaintiff is not a licensed or trained nurse. The family of a 90-something invalid hired her to provide care for the elderly person at home. After she left employment, plaintiff sued for failure to pay her overtime wages. The appellate court found plaintiff “was a personal attendant as a matter of law and thus, exempt from […]
No Whistleblower Action If No Economic Harm To State Alleged.
The trial court granted summary judgment to the employer, and the appellate court reversed, stating: “We reverse the summary judgment on three of [plaintiff’s] causes of action, and affirm the judgment for [employer defendant] on two others. Because [plaintiff] did not demonstrate that the fraud alleged in one of his causes of action under the […]
Employer Mandated Tip Pooling Not Illegal.
Class action plaintiffs alleged their casino employer violated Labor Code sections 351 and Code of Civil Procedure section 631.8. The appellate court affirmed, stating that “given the absence of legislative intent to prohibit employer-mandated tip pooling,” it could not conclude the practice is illegal. Avidor v. Sutter’s Place, Inc. (Cal. App. Sixth Dist.; January 23, 2013) 212 Cal.App.4th 1439.
Union Has Statutory Protection To Picket Supermarket.
The California Supreme Court ruled on union picketing laws in front of a supermarket entrance and held: “[T]he supermarket’s privately owned entrance area is not a public forum under the California Constitution’s liberty of speech provision. For this reason, a union’s picketing activities do not have state constitutional protection. Those picketing activities do have statutory protection, […]
Whistle Blower Statute Applying To Violations Of State Laws Does Not Apply To Violations Of Charter City’s “Municipal” Laws.
Plaintiff brought an action against a city for wrongful termination in retaliation for her refusal to violate the City’s charter, municipal code and its civil service rules and regulations. The trial court dismissed the whistle blower action under Labor Code section 1102.5 (c). The appellate court affirmed, stating: “The primary question presented by this appeal […]