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Wage and Hour

 

  • 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.