Plaintiff | California Employment Lawyer

Jan 09 2011

23(b)(3) Class, Claims, Class Actions, Contract, Paystub, Vacation, Wages

Class Certification Granted in Vacation, Uniform, Paycheck, Wage and Contract Class Action

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The Southern District of California granted class certification in a vacation, uniform, paycheck, wage and contract class action. Lopez v. G.A.T. Airline Ground Support, Inc., No. 09cv2268-IEG(BGS), 2010 WL 3633177 (S.D. Cal. Sept. 13, 2010) (slip op.).

Background

Former employees of Defendant G.A.T. Airline Ground Support, Inc. (“GAT”) sued for systematic wage and hour violations in violation of federal and state law. Id. *1. GAT provides services to airlines, including ground transportation, aircraft maintenance, and cargo operations management. Id. The four named Plaintiffs are former ramp agents employed by GAT in California. Id. Continue reading →

Tagged Breach of contract, California, Class action, Law, Lawsuit, Plaintiff, United States Court of Appeals for the Ninth Circuit, United States Supreme Court

Jan 09 2011

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Alter Ego Liability, Attorneys' Fees, Labor Code 218.5

First District Denies Alter Ego Liability Even Where Officer Pays Self and Wife, While Failing to Pay Wages and Commissions

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The Court of Appeal for the First District held that an officer’s failure to pay wages and commissions to an employee, while paying himself and his wife during the same period, is not the type of conduct that requires piercing the corporate veil. Wymore v. Minto, No. A125476, 2010 WL 3687511 (Cal. Ct. App. 1st Dist. Sept. 22, 2010).

Nor do we see any merit to appellants’ various arguments that it would work an injustice to allow respondent to hide behind EWM because it was his decision, as a director and officer of EWM, not to pay appellants wages and commissions in 2007, while paying himself and his wife during the same calendar year. The fact that respondent, as the president of EWM, may have intentionally failed to pay appellants is not the type of conduct that requires piercing the corporate veil. Continue reading →

Tagged Appeal, California Proposition 8, Court clerk, Defendant, Piercing the corporate veil, Plaintiff, San Francisco, William R. McGuiness

Jan 09 2011

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Administrative, Exemptions

After Bench Trial on UCL Claim, Northern District Finds “On-Job Supervisor” Properly Classified as Exempt Under Administrative Exemption

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District Judge Susan Illston of the Northern District of California conducted a bench trial of plaintiff’s overtime claim under the Unfair Competition Law (“UCL”) and found that defendant UPS met its burden of proving that plaintiff was properly classified as falling within the administrative exemption in his role as “On-Job Supervisor”. Lopez v. United Parcel Service, Inc., C 08-05396 SI, 2010 WL 3630619 (N.D. Cal. Sept. 14, 2010).

Background

Plaintiff Ben Lopez sued defendant United Parcel Service, Inc. (“UPS”) contending that UPS improperly classified him as an employee exempt from overtime compensation under California law. Id. *1. Continue reading →

Tagged California, Food and Drug Administration, Northern District of California, Plaintiff, Susan Illston, United States, United States District Court for the Northern District of California, United States Supreme Court

Jan 09 2011

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Attorneys' Fees, Lodestar

Fourth District Affirms Reduction of Fee Award to 12% of Fees Requested Under Labor Code Section 218.5

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The Fourth District Court of Appeal affirmed a fee award of $7,475 (about 12% of requested fees) under Labor Code section 218.5, where plaintiff recovered only $3,290 in statutory waiting time penalties and the damages sought in his complaint and ultimately obtained at trial were substantially less than the jurisdictional maximum for a limited civil case. Cochran v. El Cajon Motors, No. D055390, 2010 WL 3637540 (Cal. Ct. App. 4th Dist. Sept. 21, 2010).

Background

Defendant El Cajon Motors employed Cochran as a sales manager at its El Cajon Ford dealership until it terminated his employment in mid-January 2007. Id. *1. Continue reading →

Tagged Attorney's fee, Civil law (common law), Lawsuit, Lodestar, Moses, Plaintiff, Trial court, United States Supreme Court

Jan 09 2011

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Class Discovery, Discovery, Opt-out

Central District Rejects Opt-Out Procedure and Orders Disclosure of Name and Contact Information for Members of an Unpaid Commission Wages Class Action

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The Central District granted plaintiff’s motion to compel disclosure of the name and contact information (full name, last known addresses and telephone numbers) for class members of a putative class action for unpaid commission wages. Celia Alvarez, et al. v. The Hyatt Regency Long Beach, et al., CV 09-04791-GAF (VBKx). According to the court, the class was defined as all non-exempt employees for the period commencing May 7, 2005. (Thank you to Radhika Sainath for alerting me to the decision.)

Defendants contended that the information was not relevant for class certification and invaded the privacy rights of the putative class. Plaintiffs offered to enter into a protective order and offer that the information be given to a third party who would send the class members an opt-out letter. Defendant rejected these proposal. Continue reading →

Tagged California Supreme Court, Class action, Defendant, Law, Legal Information, Plaintiff, Superior court, United States

Jan 09 2011

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Class Actions

Northern District Strikes Aiding and Abetting Allegations From Overtime Class Action Complaint

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The Northern District of California granted a motion to strike aiding and abetting allegations from an overtime class action complaint. Toy v. Triwire Engineering Solutions, Inc., No. C 10-1929 SI, 2010 WL 3448535 (N.D. Cal. Sept. 1, 2010) (slip op.).

Background

Plaintiff Jason Toy filed a putative class action in state court against defendants TriWire Engineering Solutions, Inc., Comcast Corporation, and Comcast Cable Communications Management LLC, alleging that TriWire and Comcast employed Toy as a cable technician to install, disconnect, and upgrade cable television and computer services for consumers throughout California. Id. *1. Plaintiff contended he was not exempt from overtime requirements, and was not paid overtime in accordance with the law. Id. Continue reading →

Tagged Accomplice, Allegation, California, Law, Legal Information, Plaintiff, Susan Illston, United States District Court for the Northern District of California

Jan 09 2011

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Attorneys' Fees, Default Judgment, Judgment, Verdicts

Northern District Awards $618,812.82 in Compensatory Damages and Punitive Damages in Case Involving Labor Code and Human Trafficking Allegations

The Northern District granted a default judgment in a human trafficking and Labor Code case. Canal v. Dann, No. 09-03366 CW, 2010 WL 3491136 (N.D. Cal. Sept. 2, 2010) (slip op.).

Plaintiff Zoraida Peña Cenal alleged that from July, 2006 to April, 2008, Peña Canal worked for Defendant Dann for fifteen hours a day, seven days a week, caring for Defendant’s three young children and cooking and cleaning for the household. Id. For all of this work, plaintiff alleged that Defendant paid Peña Canal only once: on Christmas day in 2006, Defendant gave Peña Canal $100. Id. *1

After Peña Canal escaped from Defendant, the U.S. Attorney charged Dann with five counts: forced labor, unlawful use of documents in furtherance of servitude, harboring an illegal alien for private financial gain, visa fraud and conspiracy to commit visa fraud. Id. *2. A jury convicted Dann on all counts, and the criminal court sentenced her to sixty months in prison and three years of supervised release, and ordered her to pay $123,740.34 in restitution. Id. The restitution amount was based upon the government’s calculation, which was derived from data submitted from the federal government’s Foreign Labor Certification Program, as evidence of the value of Peña Canal’s labor during the period at issue. Id. Continue reading →

Tagged California Labor Code, Canal, Damages, History, Plaintiff, Punitive damages, Supreme Court of the United States, Travel and Tourism

Jan 09 2011

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Restatement

Fifth Circuit Declines to Apply Restatement’s Burden Shifting Scheme in Proving Trade Secret Damages

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The Fifth Circuit reversed a denial of summary judgment on a misappropriation of trade secrets claim In MGE UPS Systems, Inc. v. GE Consumer and Industrial, Inc., et al., 612 F.3d 760 (5th Cir. 2010). In that case, an owner of copyrighted software sued unauthorized user of the software for copyright infringement, misappropriation of trade secrets, unfair competition, and violation of Digital Millennium Copyright Act (DMCA). Continue reading →

Tagged Digital Millennium Copyright Act, Edward C. Prado, Emilio M. Garza, Plaintiff, Texas Supreme Court, Unfair competition, United States, United States Court of Appeals for the Fifth Circuit

Jan 09 2011

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Class Discovery, Discovery

Northern District Compels Pre-Certification Production of Class-wide Timecards and Payroll Records

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The Northern District granted a putative class representative’s motion to compel timecard and payroll records for all employees in Valenzuela v. MC2 Pool & Spa, et al., No. C09-01698 RS (HRL), 2010 WL 3489596 (N.D. Cal. Sept. 3, 2010). Continue reading →

Tagged Class action, Defendant, Electronically Stored Information, Employment, Lawsuit, Motion to compel, Plaintiff, United States District Court for the Northern District of California

Jan 09 2011

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Verdicts

Los Angeles Jury Awards $157,000 After Trial in Trade Secrets Case

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A Los Angeles Superior Court jury awarded plaintiff an aggregate $157,000 verdict in Hong vs. Life University, an employment and trade secrets case. 37 Trials Digest 13th 12, 2010 WL 3454121 (Verdict Date June 28, 2010).

Plaintiff allegedly entered into an employment contract with defendant university for a five-year term to begin October 1, 2006. Plaintiff alleged that defendants breached the agreement by firing him on June 15, 2007. Continue reading →

Tagged California, Counties, Howard K. Stern, Life University, Los Angeles, Plaintiff, Superior court, United States

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