Wage and Hour Violations

Useful Rulings on Wage and Hour Violations

Recent Rulings on Wage and Hour Violations

3101-3125 of 3210 results

CARL KARCHER WAGE AND HOUR CASES

Nature of Proceedings: Hearing re Certification; Motion Class Certification After an ex parte hearing on December 13, 2013, the Court set a hearing on Karcher’s motion to strike for January 7, 2014, and continued the hearing on class certification from December 17, 2013, to January 21, 2014....

  • Hearing

    Dec 17, 2013

BRENT GERARD VS. LES SCHWAB TIRE CENTERS OF CALIFORNIA INC

Plaintiff asserted nine causes of action, all based on California law: (1) overtime compensation due, (2) forfeiture of vacation pay, (3) failure to pay wages of terminated or resigned employees, (4) rest period violations, (5) meal period violations, (6) knowing and intentional failure to comply with itemized employee wage statement provisions, (7) violation of the unfair competition law, (8) injunctive relief, and (9) declaratory relief Plaintiff asserted all nine causes of action on behalf of himself.

  • Hearing

    Dec 10, 2013

  • Type

    Employment

  • Sub Type

    Other Employment

BRENT GERARD VS. LES SCHWAB TIRE CENTERS OF CALIFORNIA INC

Plaintiff asserted nine causes of action, all based on California law: (1) overtime compensation due, (2) forfeiture of vacation pay, (3) failure to pay wages of terminated or resigned employees, (4) rest period violations, (5) meal period violations, (6) knowing and intentional failure to comply with itemized employee wage statement provisions, (7) violation of the unfair competition law, (8) injunctive relief, and (9) declaratory relief Plaintiff asserted all nine causes of action on behalf of himself.

  • Hearing

    Dec 10, 2013

  • Type

    Employment

  • Sub Type

    Other Employment

PERSOLVE LLC VS. OLIMPIA E PIMENTEL

The amount to be garnished may not exceed 1) 25% of disposable earnings for that week, or 2) the amount by which disposable earnings for that week exceed thirty times the Federal minimum hourly wage ($5.15 an hour), whichever is less. CCP § 706.050, 29 U.S.C.A. § 206(a)(1).

  • Hearing

    Dec 05, 2013

CARLA O'NEILL V. DAVID HAMER, ET AL.

The weekly pay for someone earning the state minimum wage is $320.00 (40 x $8.00 per hour). The amount by which Robin Hamer’s weekly disposable earnings exceed 40 times the state minimum wage is $78.00 ($398.00 - $320.00). Because $78.00 is less than $98.00, the earnings withholding order that was served on Robin Hamer’s employer shall be limited to $78.00 per week, or $156.00 per pay period. Robin Hamer states that she is paid every two weeks. (Claim of Exemption, ¶5.)

  • Hearing

    Dec 02, 2013

FOUED BAHRI ET AL VS NOBLE LOGISTICS INC ET AL

Order violations they allege.

  • Hearing

    Nov 18, 2013

CARL KARCHER WAGE AND HOUR CASES

Background: The Carl Karcher Wage and Hour Cases consists of coordinated putative class action cases involving wage and hour claims. Included within these cases are two types of claims: the “Hourly Cases” and the “Manager Cases.” As of August 2010, the Hourly Cases had been coordinated and assigned to this court for disposition. At that time, one of the Manager Cases, Hansen v. Carl Karcher Enterprises, Inc., Santa Barbara County Superior Court case no. 1340452, was pending before this court.

  • Hearing

    Nov 05, 2013

UNIFUND CCR VS LORI A WALDHAUSER-MONTRY

The amount to be garnished may not exceed 1) 25% of disposable earnings for that week, or 2) the amount by which disposable earnings for that week exceed thirty times the Federal minimum hourly wage ($5.15 an hour), whichever is less. CCP § 706.050, 29 U.S.C.A. § 206(a)(1).

  • Hearing

    Nov 04, 2013

  • Type

    Collections

  • Sub Type

    Collections

JOSHUA GROM VS. THE MEN'S WEARHOUSE, INC. A TEXAS CORPORATION

Further, class counsel is experienced in this type of wage and hour class action litigation and views the settlement as favorable to the class. (Id. ¶¶4-28, Ackermann Decl. ¶¶ 4-9.) Moreover, the class reaction is overwhelmingly positive as no objections were received from the approximately 3,100 class members who received notice, and only one class member elected to opt out of the settlement. (Bui Decl. ¶¶ 8, 10.) The settlement is entitled to a presumption of fairness.

  • Hearing

    Oct 30, 2013

  • Type

    Employment

  • Sub Type

    Other Employment

AMADO ROQUE VS. PICK-N-PULL AUTO DISMANTLERS, PASADENA INC

Plaintiff alleged several causes of action for violations of the Labor Code, for overtime compensation, meal periods, inaccurate payment statements, continuing wage penalty, and minimum wage violations. Plaintiff also alleged Defendant violated Business and Professions Code §17200 for the same alleged violation, as well as Private Attorney General Civil Penalties (Labor Code §2698). The Court preliminarily approved the class action settlement and the class notice on July 29, 2013.

  • Hearing

    Oct 30, 2013

  • Type

    Employment

  • Sub Type

    Other Employment

LITTLE CAESAR ENTERPRISES WAGE AND HOUR CASES

Nature of Proceedings: Demurrer and Motion to Strike Second Amended Complaint Tentative not yet posted, please check again....

  • Hearing

    Oct 25, 2013

  • Judge Donna Geck
  • County

    Santa Barbara County, CA

CATHERINE WESTBROOKS VS. WINE,COM, INC. ET AL

For the sixth cause of action, there are triable issues of fact whether Defendant engaged in wage and hour violations concerning meal and rest breaks and uncompensated overtime. Both parties have violated the rules governing page lengths for summary judgment pleadings. (CRC 3.1113(d).) This is a serious imposition on the Court. These are not "minor" rules that the parties are free to ignore with impunity, and they cannot be evaded by adding pages of argument to other required documents.

  • Hearing

    Oct 08, 2013

SAMANTHA MACHADO VS LOS ROBLES HOSPITAL

She discusses the lack of need of a 24 hour/day 7 days/week LVN. She also discusses other items that are not needed that were in Dr. Kawai's plan. Page 29 of 33 to exhibit F is the page for the home care/facility charges. The comment was made that if Plaintiff stayed at Westlake Healthcare, 'economist to offset the cost of typical room and board for general population, including food, housing, utilities, etc.' and the figure would be $242/day.

  • Hearing

    Oct 07, 2013

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

DANIELLA TODOROVA ET AL VS DLP MANAGEMENT CO INC ET AL

Defendants have challenged whether a non-settlement class could be certified given the variations in the extent to which class members purportedly experienced wage and hour violations. Plaintiffs conducted a detailed review of defendants’ financial records over the last five years, including financial statements, corporate balance sheets, tax returns and property valuations. Mr. Pini and the defendant entities have been subject to financial hardship in recent years.

  • Hearing

    Sep 27, 2013

  • Judge Donna Geck
  • County

    Santa Barbara County, CA

CARL KARCHER WAGE AND HOUR CASES

Nature of Proceedings: Case Management Conference Order...

  • Hearing

    Sep 19, 2013

CARL KARCHER WAGE AND HOUR CASES

Nature of Proceedings: Motion Final Approval of Class Action Settlement; Approval of Atty Fees & Costs Tentative...

  • Hearing

    Aug 16, 2013

JESSICA A GOLDEN VS. PACPIZZA LLC

[Citation omitted]) Certification is not uncommon in wage and hour cases. (Id.) Indeed, "[c]laims alleging that a uniform policy consistently applied to a group of employees is in violation of the wage and hour laws are of the sort routinely, and properly, found suitable for class treatment." (Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004, 1033.)

  • Hearing

    Aug 16, 2013

  • Type

    Employment

  • Sub Type

    Other Employment

MORTEZA ATASHKAR VS CALIFORNIA HORSE RACING BOARD

In fact almost a year later, when his case was set for trial in September 2012, he was not ready to proceed and requested additional time to assert new wage and hour claims in a new amended pleading (the FAC). However, Plaintiff did not file the FAC until approximately five months from the time he requested an opportunity to do so.

  • Hearing

    Jul 18, 2013

  • Type

    Employment

  • Sub Type

    Other Employment

LITTLE CAESAR ENTERPRISES WAGE AND HOUR CASES

Macias makes other, similar wage and hour claims as violations of the Labor Code. Macias filed this action originally in Riverside County Superior Court. The action was transferred and coordinated with an action pending in this court by order of the Chief Justice of California, Chair of the Judicial Council. The FAC asserts one cause of action for violation of the Labor Code Private Attorneys General Act of 2004 (Lab. Code, § 2698 et seq.)

  • Hearing

    Jul 12, 2013

  • Judge Donna Geck
  • County

    Santa Barbara County, CA

CESAR MURILLO ET AL VS SERVICEMASTER COMMERCIAL BUILDING ETC

It is a simple wage and hour dispute. There is no necessity for a discovery referee as there are no unresolved discovery disputes. The class certification issues and the merits are intertwined and bifurcation at this point is not warranted. Complex Case: Although a class action is “provisionally complex,” there is no evidence that the issues in this case are particularly complex. At the very least, the motion is premature.

  • Hearing

    Jul 05, 2013

  • Judge Donna Geck
  • County

    Santa Barbara County, CA

JOSHUA GROM VS. THE MEN'S WEARHOUSE, INC. A TEXAS CORPORATION

Further, class counsel is experienced in this type of wage and hour class action litigation and views the settlement as favorable to the class. (Declarations of Ackerman and Malik.) The settlement is entitled to a presumption of fairness. (Dunk, supra, 48 Cal.App.4th at 1802.) Moreover, there is nothing before the Court which would overcome the presumption of fairness.

  • Hearing

    Jun 27, 2013

  • Type

    Employment

  • Sub Type

    Other Employment

TONY PONCE ET AL VS GOLDEN STATE OVERNIGHT DELIVERY SERVICE

[Karasik Dec. ¶8] Plaintiffs’ lawyers have considerable experience handling wage and hour class actions matters. [Farley Dec. ¶¶ 2, 3; Karasik Dec ¶¶ 2-5] After weighing all of the competing considerations in the case, including defendant’s potential defenses and financial condition, plaintiffs’ counsel concluded that a settlement on the terms set forth above was fair, reasonable, and in the best interests of the class members.

  • Hearing

    Jun 24, 2013

CARL KARCHER WAGE AND HOUR (HOURLY) CASES

Nature of Proceedings: Motion Hearing on Preliminary Approval of Class Action Settlement Ruling: 1. The Court GRANTS Preliminary Approval of the settlement as set forth in the Settlement Agreement. 2. The court designates CPT Group as the claims administrator, and approves the form and content of the notice, opt out and claim form to member...

  • Hearing

    Apr 30, 2013

DANIELLA TODOROVA ET AL VS DLP MANAGEMENT CO. INC. ET AL

Based on counsel’s analysis, plaintiffs assert that front desk employees were more likely to work uncompensated hours than back of the house employees and compliance with wage and hour laws was better at Rosedale than in Defendants’ enterprises generally. Each class member will get a claim form with his/her workweeks and estimated settlement share filled in. The class member may contest that amount.

  • Hearing

    Apr 26, 2013

  • Judge Donna Geck
  • County

    Santa Barbara County, CA

BILL TAYLOR VS COXCOM INC ET AL

In other cases, particularly those involving wage and hour claims, class suitability should not be determined by demurrer.” Prince v. CLS Transportation, Inc., 118 Cal.App.4th 1320, 1325 (2004). Cox argues that class allegations can be determined at the pleading stage. They cite the following cases: Clausing v. San Francisco Unified School Dist., 221 Cal.App.3d 1224 (1990), which is a mass tort case. In Alvarez v. May Dept.

  • Hearing

    Apr 03, 2013

  • Judge Donna Geck
  • County

    Santa Barbara County, CA

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