Wage and Hour Violations

Useful Rulings on Wage and Hour Violations

Recent Rulings on Wage and Hour Violations

101-125 of 3210 results

SYLVIA NOLAND VS JOSE LUIS NAZAR

Plaintiff alleges that Defendants committed unfair and unlawful business practices via the previously discussed wage and hour violations. Thirteenth Cause of Action, Private Attorney General Action (“PAGA”): OVERRULED PAGA was enacted to ensure employers comply with state labor laws and permits aggrieved employees, acting as private attorneys general or on their own behalf, to recover civil penalties for Labor Code violations. Iskanian v. CLS Transp. Los Angeles, LLC (2014) 59 Cal.4th 348, 379–380.

  • Hearing

    Jul 07, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

BRIAN ZERBA VS KILI ANDERSON ET AL

MOVING PARTY: Defendant Kili Anderson, an individual dba The Body Bakery[1] RESPONDING PARTY(S): Plaintiff Brian Zerba PROOF OF SERVICE: CASE HISTORY: STATEMENT OF FACTS Plaintiff alleges wage and hour violations against Defendants. Defendant Kili Anderson, an individual dba The Body Bakery demurs to the First Amended Complaint.

  • Hearing

    Jul 07, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

DELIA PERDUE ET AL VS MOBILE MODULAR DEVELOPMENT INC ET AL

hour statements under Labor Code sections 226, 226.3; (9) failure to maintain payroll records under Labor Code sections 226, 1174, 1174.5; (10) failure to pay minimum compensation under Labor Code section 1194; (11) failure to pay overtime compensation under Labor Code sections 510, 1194; and (12) unfair competition under Business and Professions Code section 17200.

  • Hearing

    Jul 07, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

ENCARNACION HERNANDEZ VS PRINCESS WINDOWS LLC ET AL

In opposition, Defendants contend that the amount requested is per se unreasonable as this was a garden-variety wage and hour matter. Defendants further contend that “the Court should reduce any award on the ground that the amount of time Plaintiff's attorneys claim they spent, and their hourly rates, are unreasonable. (Opposition p.5:4-5.) The trial court has broad authority to determine the amount of a reasonable fee. (PLCM Group, Inc. v. Drexler (2000) 22 Cal.4th 1084, 1095.)

  • Hearing

    Jul 07, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

ANGIOLINA DERENZIN ET AL VS HAWTHORNE INTERNATIONA CORP

By way of background, on September 6, 2017, Plaintiffs and Plaintiff Angiolina Derenzin (“Derenzin”), who is not a party to the instant motion, filed their complaint for damages against Defendant for various wage and hour violations, as well as for violations of the FEHA.

  • Hearing

    Jul 07, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

PAULINE COLEMAN POWELL VS ST. JOSEPH'S MEDICAL CENTER, AN ENTITY, FORM UNKNOWN ET AL.

Plaintiff’s complaint alleges, inter alia, wage and hour violations. Plaintiff seeks a further response to Special Interrogatory 2, of Set One, which seeks pre-certification discovery of the identity and contact information for all ‘hourly-paid, non-exempt’ former or current employees who worked for Defendant on or after August 27, 2015. Code Civ. Proc. §2030.300(a), (d).

  • Hearing

    Jul 07, 2020

  • Judge

    George J. Abdallah

  • County

    San Joaquin County, CA

PINA VS PARADISE WINGS ENTERPRISE [EFILE]

In this putative class action/PAGA case, plaintiff challenges the wage and hour practices of defendant PWE (a restaurant franchisee) and its principals. The complaint was filed May 29, 2019. In July, defendants answered separately through the same counsel. ROA 10-12. Plaintiff sought to compel further responses to its first set of interrogatories. ROA 14-19. Shortly after the moving papers were filed, however, plaintiff took the motion off calendar. ROA 22.

  • Hearing

    Jul 06, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

LAMONTE ROBINSON VS AEROTEK, INC. ET AL.

Robinson cannot attempt to link Oldcastle to Aerotech to hold them liable for alleged wage and hour claims, while at the same time arguing the arbitration provision only applies to one of them. “[T]he linchpin of the estoppel doctrine is fairness: “ ‘Equitable estoppel precludes a party from asserting rights “he otherwise would have had against another” when his own conduct renders assertion of those rights contrary to equity.’ ” (Citations omitted.)

  • Hearing

    Jul 02, 2020

BENITEZ VS. MEDTRONIC, INC.

Defendants demur to Plaintiff’s sole cause of action for penalties against his employers for various alleged wage and hour violations under Labor Code § 2698, et seq., the Private Attorneys General Act (PAGA).

  • Hearing

    Jul 02, 2020

NOEMI BETANCOURT GUSMAN ET AL VS SUMMIT CARE LLC ET AL

While other cases that Plaintiffs cite do apply the Hill test in connection with class-action or wage and hour cases, the crux of the test (and that analysis) remains the same for all cases—i.e., the court must first decide whether a serious invasion of privacy exists before applying a balancing test. Rio Hondo cites to no authority to the contrary. Further, Rio Hondo’s argument that HIPAA unequivocally prohibits disclosure of the information Plaintiffs seek lacks merit.

  • Hearing

    Jul 02, 2020

SANCHEZ VS BARTELL HOTELS MANAGEMENT COMPANY [E-FILE]

Shortly before the September, 2019 CMC, the parties submitted a stipulation delaying the CMC in light of a pending settlement in another class action involving the wage and hour practices of defendant. ROA 12. The court allowed the continuance. ROA 11. Then there was further delay. ROA 16. In January of 2020, the case was set for trial, but then in February the FAC was filed. ROA 28-33. The FAC added PAGA claims.

  • Hearing

    Jul 01, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

JD FINANCIAL GROUP LTD., A UNITED KINGDOM CORPORATION VS RENAISSANCE CAPITAL GROUP, LLC, A NEVADA LIMITED LIABITITY COMPANY, ET AL.

In describing Quest's alleged acts of unfair competition, Clifford's complaint repeatedly refers to wage and hour violations directed at Clifford only, such as Quest's “failures to pay Plaintiff all earned overtime and premium-pay wages,” Quest's failure “to reimburse Plaintiff for all necessary expenditures or losses incurred by Plaintiff,” Quest's failure “to provide Plaintiff suitable lockers, closets, or equivalent,” Quest's “underreporting to federal and state authorities wages earned by Plaintiff,” and

  • Hearing

    Jul 01, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

SANCHEZ VS BARTELL HOTELS MANAGEMENT COMPANY [E-FILE]

Shortly before the September, 2019 CMC, the parties submitted a stipulation delaying the CMC in light of a pending settlement in another class action involving the wage and hour practices of defendant. ROA 12. The court allowed the continuance. ROA 11. Then there was further delay. ROA 16. In January of 2020, the case was set for trial, but then in February the FAC was filed. ROA 28-33. The FAC added PAGA claims.

  • Hearing

    Jul 01, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

ARSALAN DAGHIGHI ASLI VS CHRISTIAN ROY ASHTON ET AL

WAGE & HOUR CLAIMS — FOURTH THROUGH NINTH CAUSES OF ACTION Ashton argues that the Fourth through Ninth Causes of Action for wage and hour claims fail against him because Asli has failed to adequately allege a joint-employer relationship. (Demurrer at pp. 6–10.) This argument fails because the FAC predicates no claims upon a joint-employer theory, but rather alleges that Ashton directly employed Asli. (FAC ¶ 18.)

  • Hearing

    Jul 01, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

CAROLINA RAMIREZ, ET AL. V. CLEARWATER NURSERY, INC., ET AL.

(“Custom Labor”).1 Plaintiffs filed a first amended complaint (“FAC”) on April 8, 2011, setting forth nine causes of action for alleged wage and hour violations. Plaintiffs seek to hold Mr. Jafroodi personally liable for the alleged Labor Code violations. On November 8, 2016, the Court certified the class for purposes of all nine causes of action.

  • Hearing

    Jul 01, 2020

RAMI M. AYYOUB VS NATIONAL DEBT RELIEF, LLC

Moreover, it is improper to stay litigation of a PAGA claim pending arbitration of individual claims regarding the underlying wage and hour violations. (Zakaryan v. The Men's Wearhouse, Inc. (2019) 33 Cal.App.5th 659, 671-77, overruled in part on other grounds by ZB, N.A. v. Superior Court (2019) 8 Cal.5th 175, 196 n.8.)

  • Hearing

    Jul 01, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

DIMINGO LOPEZ-LOPEZ ET AL VS BBS NATIONAL INC ET AL

Asian Kitchen alleging various wage and hour violations. On January 24, 2020, the Court entered a Judgment in Plaintiffs’ favor and Plaintiffs now request $187,388.40 in attorneys’ fees. Defendant filed an opposition. Standard: A party may be entitled to recover attorneys’ fees by statute or contract. CCP § 1021. Labor Code § 218.5 provides that reasonable attorney’s fees and costs must be awarded to the prevailing party in an “action brought for the nonpayment of wages.”

  • Hearing

    Jul 01, 2020

MARIA CUIN V. HWV HOSPITALITY SERVICES, INC.

Nature of Proceedings: Case Management Conference Wage & Hour case/ Labor Code sec. 2698 et. sec. Mediation is scheduled for 9/15/20 (mediator: Steve Cerveris). NO APPEARANCE IS REQUIRED AT 6/30/20 CMC. Court is setting new CMC for 10/27/20 at 8:30 a.m. and sets a CCP sec. 631 deadline for 10/2/20 (Plaintiff posted CCP sec. 631 fees on 2/26/00). Defendant HMV Hospitality Services, Inc. to provide notice of ruling (CCP 631 deadline) and notice of 10/27/20 CMC.

  • Hearing

    Jun 30, 2020

JOSE VAZQUEZ , ET AL. VS ALMA HERNANDEZ , ET AL.

Although an employment relationship subjects Defendant to obligations under the Labor Code, it does not necessarily follow that Plaintiff’s statutory wage-and-hour claims are “based upon a contract, express or implied.” Plaintiff seeks statutory damages and penalties, not contract damages. Plaintiff has not cited any published cases granting pre-judgment attachment based on similar Labor Code claims. Nor has Plaintiff cited any statute authorizing pre-judgment attachment for his wage-and-hour claims.

  • Hearing

    Jun 30, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

BLF INC. DBA LARRABURE FRAMING, A CALIFORNIA CORPORATION,, ET AL. VS CARPENTERS-CONTRACTORS COOPERATION COMMITTEE INC., A CALIFORNIA CORPORATION,, ET AL.

drafting the anti-SLAPP motion and reply and preparing and arguing the anti-SLAPP motion at $519.84 an hour (Mirzoyan Decl. ¶6; Stanley Decl. ¶24); $23,925.64 in attorney fees for 39.45 hours of work including researching and editing the anti-SLAPP motion and reply drafts at $606.48 an hour (Shanley Decl. ¶¶19, 24); and $4,180.80 in costs including court filings, e-filings, service, legal research, and costs associated with attending the anti-SLAPP hearing (Shanley Decl. ¶25, Exh.

  • Hearing

    Jun 30, 2020

  • Type

    Business

  • Sub Type

    Intellectual Property

  • Judge

    Paul A. Bacigalupo or Virginia Keeny

  • County

    Los Angeles County, CA

STATE OF CALIFORNIA; LOS ANGELES METROPOLITAN TRANSPORTATION AUTHORITY, ET AL. VS NEW FLYER OF AMERICA, INC.

For example, Defendant reported that every “new-hire, A&D Specialist at New Flyer’s Ontario facility received $11.75 per hour in ‘paid benefits,’” when “many, and perhaps all, A&D Specialists at New Flyer’s Ontario facility received less than $11.75 per hour in employer-paid fringe benefits.” (¶ 23.) A particular A&D Specialist identified in the reports as receiving $11.75 per hour in fringe benefits “received no more than $6.00 per hour in employer-paid fringe benefits.” (¶ 25.)

  • Hearing

    Jun 29, 2020

  • Type

    Other

  • Sub Type

    Intellectual Property

KELLY DOE VS THE ACCELERATED SCHOOLS, 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

    Jun 29, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

ABARCA VS. AKASH MANAGEMENT, LLC

(For example, a plaintiff’s personnel file may be withheld, but a deposition transcript that devotes 250 pages to wage-and-hour issues and 15 pages to a particular employee’s discharge must be redacted.) On the other hand, wage-and-hour related documents about the Ibanez plaintiffs may not be withheld, at least insofar as those documents would be responsive to other requests following the completion of the Belaire-West process.

  • Hearing

    Jun 26, 2020

CONTRERAS VS RMC CONSTRUCTION HEARING RE: MOTION TO/FOR APPROVAL OF PAGA SETTLEMENT/ MPA IN SUPPORT BY ALFREDO CONTRERAS

Plaintiff Alfredo Contreras’ First Amended Complaint seeks 9 causes of action for: 1) failure to pay minimum wage; 2) failure to pay overtime; 3) failure to authorize and permit rest periods; 4) failure to permit meal periods; 5) §2802; 6) failure to provide accurate itemized wage statements; 7) violations of Labor Code §203; 8) UCL violation, and 9) PAGA penalties.

  • Hearing

    Jun 26, 2020

ANGIE GARCIA VS RC'S TOWING INC ET AL

., Adriana Gomez, and Roni Corado (collectively, “Defendants”), her former employers, wrongfully terminated her, committed wage and hour violations, committed meal and rest break violations, and FOR failing to accommodate her disability. In May 2019, Defendants served Plaintiff with Request for Production of Documents, Set No. 2, and Requests for Admission, Set No. 2.

  • Hearing

    Jun 26, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

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