Wage and Hour Violations

Useful Rulings on Wage and Hour Violations

Recent Rulings on Wage and Hour Violations

51-75 of 3228 results

DEIDRE GAVIN VS ORANGE TWIST, LLC, ET AL.

Plaintiff’s whistleblower claim does not involve any other sort of wage and hour violations. Plaintiff’s other FEHA claims in arbitration are also not based on any other wage and hour violations, and do not contain any allegations relating to the wage and hour claims alleged in the PAGA lawsuit.

  • Hearing

    Jul 27, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

BOCHENEK VS M2 MEDIA GROUP LLC

In wage and hour cases where a party seeks class certification based on allegations that the employer consistently imposed a uniform policy or de facto practice on class members, the party must still demonstrate that the illegal effects of this conduct can be proven efficiently and manageably within a class setting. (Brinker, at p. 1033; Dailey v. Sears, Roebuck & Co. (2013) 214 Cal.App.4th 974, 989.) "After a class has been certified, the court's obligation to manage individual issues does not disappear.

  • Hearing

    Jul 27, 2020

  • Type

    Business

  • Sub Type

    Intellectual Property

ARMANDO NUNEZ ET AL VS ROTOCO INC ET AL

The present case is distinguishable from Kho as defendants do not seek to enforce the arbitration agreements to bar plaintiffs from filing their wage and hour claims with the Labor Commissioner, where Berman procedures are available. Rather, defendants seek to enforce the arbitration agreements to bar plaintiffs from filing their wage and hour claims in the superior court.

  • Hearing

    Jul 24, 2020

  • Judge Donna Geck
  • County

    Santa Barbara County, CA

ELIZABETH MERRITT V. HOUZZ INC., ET AL.

., alleging a number of wage and hour violations. Before the Court is plaintiff’s motion for preliminary approval of a settlement, which is unopposed. I. Factual and Procedural Background As alleged in the operative complaint, Houzz is an online platform based in Palo Alto that sells retail home furnishings, promotes the exchange of interior design ideas, and connects professional interior designers with clients. (Complaint, ¶¶ 2, 10.)

  • Hearing

    Jul 24, 2020

SHANNON SANCHEZ, ET AL. V. EXAMONE WORLD WIDE, INC., ET AL.

This is a putative class and Private Attorneys General Act (“PAGA”) action on behalf of medical examiners for defendants ExamOne World Wide, Inc. and Quest Diagnostics Incorporated, alleging a number of wage and hour violations. The parties have reached a settlement, which the Court preliminarily approved in an order filed on January 17, 2020. The factual and procedural background of the action and the Court’s analysis of the settlement and settlement class are set forth in that order.

  • Hearing

    Jul 24, 2020

CHARMIE RUFFY V. ISLAND HOSPITALITY MANAGEMENT, INC., ET AL.

These consolidated putative wage and hour class and representative actions arise from alleged misclassification of employees by defendants Island Hospitality Management, Inc. and Island Hospitality Management, LLC (collectively, “Island”), as well as alleged wage statement violations. The parties have reached a settlement, which the Court preliminarily approved in an order filed on October 22, 2019.

  • Hearing

    Jul 24, 2020

QINGYU ZHANG VS. JIANG QI, ET AL

In an underlying action (KC068561), Defendants (with Qi as plaintiff and Chu as his attorney) brought suit against Bluestar Express Group, Inc. and Yidan Zhang for various wage and hour violations. Defendants later filed an amendment to the complaint, adding Plaintiff as a defendant in place of Doe 2. Approximately three months after adding Plaintiff to the underlying suit, Plaintiff served a CCP § 128.7 motion for sanctions on Defendants.

  • Hearing

    Jul 24, 2020

BROCK VS GOLDEN RAIN FOUNDATION

Fourth, the estimated combined value of the minimum wage and overtime claims is based on a $16.50 average hourly rate, times 1.9 minutes per shift, times the number of shifts at issue. How is this estimate tied to the value of either a minimum wage claim or an overtime claim? The minimum wage is less than $16.50 per hour, and assuming $16.50 per hour is the average regular hourly rate, it is only 2/3 the average overtime rate. 12.

  • Hearing

    Jul 24, 2020

SUPERMED HEALTH, INC VS JESSICA SHIH

Monetary Sanctions Plaintiff, APU and Tseng also seek monetary sanctions in the amount of $3,526.65 [calculated as follows: 4 hours preparing motion, plus 3 hour preparing reply or notice of non-opposition and preparing for and attending hearing at $495.00/hour, plus $61.65 filing fee.] The court determines that an award of terminating sanctions alone is sufficient. Plaintiff’s, APU’s and Tseng’s request for monetary sanctions is declined.

  • Hearing

    Jul 24, 2020

  • Type

    Contract

  • Sub Type

    Breach

ORTIZ VS BAYSIDE INSURANCE ASSOCIATES, INC.

Bayside shall pay Suleima Ortiz $4,062.86 as damages for her individual wage and hour claims. Bayside shall pay $4,411 (Four-Thousand, Four-Hundred and Eleven Dollars) in costs incurred to counsel for Plaintiff Jackson Law, APC for prosecuting this matter. Bayside shall pay $9,126.13 in attorney’s fees . . . to Jackson Law, APC for achieving compensation for Hillary Nesser, Jaclyn England, and Suleima Ortiz. (Agreement, § 1.)

  • Hearing

    Jul 24, 2020

GLORIA MOSQUERA VS. HANI MAMMO

The breach of contract action is not so interrelated to make it impossible to separate that claim from the Labor Code violations. (See Pellegrino v Robert Half Int’l, Inc. (2010) 182 Cal.App.4th 278, 289–290 [in action for wage and hour violations and for unfair competition, judge decreased lodestar figure by specified percentage to account for unfair competition claim for which fees were not recoverable]. Accordingly, the Court finds it necessary to reduce the total hours by another 10 hours.

  • Hearing

    Jul 24, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

MOHAMMED NASRI VS JUAN LOPEZ

Specifically, they seek an order permitting Lopez to assert various wage and hour claims against Nasri; these include a claim for (7) failure to compensate for all hours worked including overtime, (8) failure to pay earned wages at time of separation, and (9) unfair business practices. Lopez contends he worked for Nasri between 2015 and 2017 without pay, and with the expectation that he would be compensated when he purchased NK from Nasri.

  • Hearing

    Jul 23, 2020

ALBERTO GAMERO, ET AL. VS ROBIN HAIM, ET AL.

Superior Court (2017) 3 Cal.5th 531, 553 [“In wage and hour collective actions, fellow employees would not be expected to want to conceal their contact information from plaintiffs asserting employment law violations, the state policies in favor of effective enforcement of these laws weigh on the side of disclosure, and any residual privacy concerns can be protected by issuing so-called Belaire-West notices affording notice and an opportunity to opt out from disclosure.”].)

  • Hearing

    Jul 23, 2020

PRICE-SIMMS HOLDINGS, LLC V. FIRLE, ET AL.

However, Williams expressly acknowledged that the privacy interest at issue in its case, that of employee contact information in a PAGA wage and hour representative action, was a lesser interest than that associated with financial privacy. Id. at 554-555.

  • Hearing

    Jul 23, 2020

KIMBERLY GARDNER V. JB PERRY HOLDINGS, INC. ET AL.

This means that litigating the facts surround the wrongful termination will necessarily involve many of the same facts supporting her PAGA wage and hour claims. Her unlawful business practices cause of action borrows from her PAGA claims to establish unlawful activity and so does not really exist outside of them. (Complaint at ¶ 55; Korea Supply Co. v. Lockheed Martin Corp. (2003) 29 Cal.4th 1134, 1143 [unfair competition law “borrows” violations from other laws].)

  • Hearing

    Jul 22, 2020

MELISSA MARTINEZ VS L A HARDWOOD FLOORING INC ET AL

.; (7) declaratory judgment; (8) wrongful termination in violation [sic] the public policy of the State of California; (9) failure to pay wages due pursuant to California Labor Code, Sections 201, 1182.12, 1194, and 1194.2; (10) failure to provide meal and rest breaks in violation of California Labor Code, Sections 226.7 and 512; (11) failure to provide itemized wage statements in violation of California Labor Code, Section 226 et seq.; and (12) wait time penalties in violation of California Labor Code, Sections

  • Hearing

    Jul 22, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

FELICIA MCCARRON VS SISYPHIAN, LLC DBA XPOSED GENTLEMEN'S CLUB, A CALIFORNIA LIMITED LIABILITY COMPANY

Plaintiff alleges that Defendant committed various wage and hour violations against her.

  • Hearing

    Jul 22, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

ROBERT BROWN VS ACCO ENGINEERED SYSTEMS, INC., ET AL.

The Court notes Defendants’ argument that Plaintiff’s amended pleadings improperly re-allege his wage and hour claims as age discrimination claims since Defendants’ obligations to comply with California wage and hour laws are separate from the question of whether Defendants discriminated against Plaintiff on the basis of his age. (Demurrer, pgs. 10-11.)

  • Hearing

    Jul 22, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

ANDRE CASTILLO VS A.J. KIRKWOOD & ASSOCIATES, INC.

(“Defendant”), an electrical contracting services corporation, for various wage and hour violations. On February 11, 2019, Plaintiff sent a letter to the Labor and Workforce Development Agency (“LWDA”) to satisfy a PAGA notice requirement. Attached to the letter was Plaintiff’s original complaint which alleged individual and class claims. After the PAGA notice period expired, Plaintiff sought to add the PAGA cause of action to the complaint.

  • Hearing

    Jul 22, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

BAKER HUGHES WAGE AND HOUR CASES

Nature of Proceedings: Motion for Final Approval of Class Action Settlement and Award of Attorney's Fees Tentative...

  • Hearing

    Jul 21, 2020

BAKER HUGHES WAGE AND HOUR CASES

Nature of Proceedings: Motion for Final Approval of Class Action Settlement and Award of Attorney's Fees Motion for Final Approval of Class Action Settlement and Award of Attorney Fees Attorneys: Plaintiff Hockison: Michael A. Strauss Andrew Ellison Plaintiff Ramirez: Graham Hollis; Vilmarie Cordero; Nathan Reese Defendants: M. ...

  • Hearing

    Jul 21, 2020

STACEY TERTERIAN VS INTERNATIONAL COFFEE & TEA, LLC, A DELAWARE

[TENTATIVE] ORDER RE: MOTION FOR RECONSIDERATION OF ORDER DENYING LEAVE TO AMEND; OR IN THE ALTERNATIVE FOR ORDER GRANTING RELIEF FROM ORDER DENYING PLAINTIFF LEAVE TO AMEND SECOND AMENDED COMPLAINT TO ADD PLAINTIFF’S INDIVIDUAL WAGE AND HOUR CAUSES OF ACTION Plaintiff Stacey Terterian (“Plaintiff”) moves for reconsideration of the Court’s January 22, 2020 order sustaining the demurrer by Defendant International Coffee & Tea, LLC (“Defendant”) to Plaintiff’s Second Amended Complaint, without leave to amend (

  • Hearing

    Jul 21, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

RAYMOND LOPEZ VS OLTMANS CONSTRUCTION CO., A CALIFORNIA CORPORATION

Defendant moves to compel arbitration of the first eight of plaintiff’s ten causes of action (wage and hour & Unfair Competition Law claims) because the applicable collective bargaining agreement requires arbitration of those claims. (See Declaration of Charles Roy, ¶¶ 3-5, Exhibits 1-3.)

  • Hearing

    Jul 21, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

BYEONG JIN YU VS NAM CHO ET AL

Given Reliable’s wage and hour violations in the underlying case, it would work an injustice to leave Plaintiff without a remedy. Finally, Labor Code section 558.1 applies against Cho, Reliable’s acknowledged president (and CEO, as noted on Plaintiff’s Ex. 2), and the court sees no reason not to apply it at the post-trial stage to avoid an injustice. The court grants Plaintiff’s motion to amend the judgment to add Nam Min Cho as a judgment debtor. Unless waived, notice of ruling by moving party.

  • Hearing

    Jul 21, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

HENRY CARDIEL, AN INDIVIDUAL, ON BEHALF OF HIMSELF AND OTHERS SIMILARLY SITUATED VS MILLERCOORS LLC, A DELAWARE LIMITED LIABILITY COMPANY AND DOES 1 THROUGH 50, INCLUSIVE

According to Yeremian, he has been practicing law since 2003 and has focused almost exclusively on representing employees, including in wage-and-hour actions since 2007. (Id. at ¶ 5.) Yeremian further attests to representing employees in over 100 wage-and-hour class action lawsuits as lead or co-lead counsel and to having contested class cases certified. (Id. at ¶¶ 5-9.)

  • Hearing

    Jul 20, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

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