Wage and Hour

 

  • Action by former 24-hour, live-in caregiver alleging her former employer, a home care facility for the elderly, failed to compensate her for overtime, failed to provide her with meal breaks, rest breaks and wage statements, and engaged in unfair business practices.  The home care facility alleged that plaintiff was not an employee subject to wage-and-hour regulation, but she was rather member of a limited liability company sharing business profits.  Resolved by mediator’s proposal

 

  • Action by actor alleging that the company and studio that retained him for a marketing campaign failed to pay him overtime wages, maintain business records, provide itemized wage statements, and pay all wages upon separation, and misclassified him as an independent contractor. Defendants company and studio alleged that plaintiff was performing a work-for-hire under a talent agency agreement, was properly retained an independent contractor in his own company, and had been fully paid for the contracted work performed.  In addition, Defendant studio counter claimed alleging that plaintiff engaged in breach of contract and breach of duty of confidence on proprietary material.  Resolved following mediation.

 

  • Action by model alleging that her former employers, two connected fashion and accessories retailers, failed to immediately pay her as an employee at the conclusion of multiple photography shoots, and that she was thereby owed penalty payments under Labor Code section 203.  Retailers alleged that model was an independent contractor under Labor Code section 2750.3, that she had been fully paid under the terms of the agreement between retailers and model’s talent agency, and that no penalties were owed. Resolved by mediator’s proposal.

 

  • Action by truck driver alleging that his former employer, a trucking company, failed to pay him meal and rest periods and wages due upon termination, failed to provide him with accurate itemized wage statements, engaged in unfair business practices, and wrongfully terminated him for complaining. Employer denied these charges, alleged that driver was terminated for cause, because he failed to appear for work and follow company protocols to provide at least 4 hours' notice before any pending absence. Employer also alleged the Federal Motor Carrier Safety Administration (FMCSA) rules preempt California’s meal and rest break rules.  Resolved by mediator’s proposal.

 

  • Action by truck driver alleging that his former employer, a building supply business, failed to pay him overtime, minimum wage, meal and rest periods, and wages due upon termination, failed to provide him with accurate itemized wage statements and reimburse him for expenses, engaged in unfair business practices, and wrongfully terminated him for complaining. Employer denied these charges, alleged that plaintiff was in an exempt position not entitled to overtime pay or meal/rest breaks, and that he had voluntarily resigned.  Resolved by mediator’s proposal.

 

  • Action by director of nursing alleging that her former employer, a licensed skilled nursing facility, engaged in race discrimination, wrongfully terminated her in violation of public policy, committed wage and hour violations by denying her meal/rest breaks, and payment of final wages and overtime, was negligent, intentionally inflicted emotional distress upon her, and engaged in unfair business practices. The employer alleged that plaintiff was discharged for permitting subordinates excessive overtime, and that she was in an exempt position not entitled to overtime pay or meal/rest breaks.  Resolved by mediator’s proposal.

 

  • Class action by production employees alleging their employer, a corrugated container manufacturer, failed to pay timely wages, minimum wage and overtime, did not provide meal and rest breaks, failed to provide adequate pay stubs, did not maintain payment records, failed to reimburse for business expenses, and committed unfair business practices.  Employer alleged it had complied with wage and hour requirements.  The court certified the class on one cause of action.  Meanwhile, another member of the class filed a separate class action on the same claims.  Resolved globally by mediator's proposal.

 

  • Action by former 24-hour, live-in caregiver alleging his former employer, a residential care facility for the elderly, failed to compensate him for overtime, double time and minimum wage, and committed other wage and hour violations.  Former employer alleged that plaintiff requested to live at its facility, was not required to work more than 8 hours a day or 40 hours per week, slept on the job, and failed to perform.  Resolved by mediator’s proposal.

  • Class action in federal court by individuals performing production work alleging the company that retained them had misclassified them as independent contractors, failed to pay timely wages, minimum wage and overtime, failed to provide adequate pay stubs, committed unfair business practices, and violated PAGA. The hiring company alleged the individuals were independent contractors and not employees. Following an initial settlement agreement between those parties subject to court approval, plaintiffs then added a defendant, the company that had originally contracted with the one that retained plaintiffs, alleging joint liability. The contracting company opposed the settlement, alleged it had no involvement in the alleged wrongdoing, and filed a cross-claim against the hiring company for indemnity, contribution, and declaratory relief. The court rejected a good faith settlement determination and struck plaintiff’s class action allegations, ordering the parties back to mediation. Meanwhile, plaintiffs filed another wage and hour class action against the contracting company in state court. Resolved globally by mediator's proposal.

  • Action by caregiver alleging her former employer, an octogenarian, who required a live-in caregiver at home, failed to pay her time-and-a-half overtime after she worked nine hours per day or 45 hours per week. Former employer alleged caregiver was not required to and did not perform any work when she slept at night, and should not be compensated for those hours. In addition, former employer alleged caregiver engaged in elder abuse. Resolved in mediation.

 

  • Appeal by former employer, a solar company, challenging an order denying its motion to compel arbitration of a wage-and-hour and Private Attorney General’s Act (PAGA) action brought by its former employee, an installation supervisor. The employer alleged the Federal Arbitration Act (FAA) preempts PAGA. The employee alleged the FAA does not preempt PAGA. Resolved by mediator’s proposal.

 

  • Class action by personal bankers alleging their employer, a national bank, committed wage and hour violations. The bank alleged it had fulfilled its duty to provide meal periods as a matter of law. Resolved by mediator’s proposal.