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Certified Tire & Service Centers Wage & Hour Cases
Where employer pays according to its contract and at least statutory minimum wage, its legal obligation is fulfilled even if pay increases fluctuate based on productivity. 		Employment Law 4DCA/1 Jul. 7, 2021
Levanoff v. Dragas
Employer did not violate California law by using rate-in-effect method for calculating regular rate of pay for purposes of establishing overtime rate of pay for dual rate employees. 		Employment Law 4DCA/3 Jun. 30, 2021
General Atomics v. Superior Court (Green)
Defendant's petition for writ of mandate was granted because its wage statements showed the applicable hourly rates and the total number of hours worked at each. 		Employment Law 4DCA/1 Jun. 2, 2021
Bruni v. The Edward Thomas Hospitality Corporation
Earlier period of employment that ended in voluntary resignation could not be aggregated with later period of employment that ended in layoff to meet six-month minimum period of employment under City's Ordinance. 		Employment Law 2DCA/3 May 19, 2021
Salazar v. See's Candy Shops
Individual issues would predominate in determining whether employer consistently applied practice of denying second meal breaks. 		Employment Law 2DCA/2 May 12, 2021
Rosales v. Uber Technologies, Inc.
A plaintiff cannot be compelled to arbitrate disputes in a PAGA claim because the State was not a party to the arbitration agreement. 		Employment Law 2DCA/8 May 4, 2021
Gomez v. The Regents of the University of California
Wage Order No. 4 does not apply to Regents of the University of California because it is neither a political subdivision nor a listed entity, but a public trust. 		Employment Law 4DCA/1 Apr. 26, 2021
Vendor Surveillance Corporation v. Henning
'Dynamex' 'ABC' test applies in alleged wage order violations and 'Borello' provides applicable standard in assessing unemployment insurance taxes. 		Employment Law 4DCA/1 Mar. 22, 2021
Brown v. Los Angeles Unified School Dist.
Plaintiff adequately pled cause of action for failure to provide reasonable accommodation for her disability. 		Employment Law 2DCA/8 Feb. 22, 2021
Choochagi v. Barracuda Networks, Inc.
Trial court did not err in its application of 'McDonnell Douglas Corp. v. Green' test to plaintiff's California Family Rights Act claim. 		Employment Law 6DCA Feb. 3, 2021
Kao v. Joy Holiday
Trial court properly ruled that appellants, as alter egos of travel tour company that they owned and operated, were personally liable for respondent's unpaid wages. 		Employment Law 1DCA/3 Dec. 9, 2020
Modification: People v. Uber Technologies, Inc.
Because drivers performed services for defendant rideshare companies in usual course of defendants' businesses, there was reasonable probability of prevailing on drivers' claim that defendants misclassified drivers. 		Employment Law 1DCA/4 Nov. 25, 2020
People v. Superior Court (Cal Cartage Transportation Express, LLC)
Federal Aviation Administration Authorization Act of 1994 does not preempt application of 'ABC' test under 'Dynamex Operations W. v. Superior Court.' 		Employment Law 2DCA/4 Nov. 23, 2020
Lares v. Los Angeles County Metropolitan
Trial court properly granted summary judgment in favor of defendant because defendant did not violate California Family Rights Act. 		Employment Law 2DCA/4 Oct. 27, 2020
People v. Uber Technologies, Inc.
Because drivers performed services for defendant rideshare companies in usual course of defendants' businesses, there was reasonable probability of prevailing on drivers' claim that defendants misclassified drivers. 		Employment Law 1DCA/4 Oct. 26, 2020
Sanchez v. Martinez
Although trial court mistakenly deprived plaintiffs from choosing their preferred course of recovery, plaintiffs were not prejudiced in being forced to take option that maximized their recovery. 		Employment Law 3DCA Sep. 15, 2020
Morgado v. City and County of San Francisco
Employer's monetary obligation to wrongfully terminated employee 'may be mitigated by deducting compensation or benefits actually received by employee that are inconsistent with original employment.' 		Employment Law 1DCA/4 Aug. 28, 2020
Modification: Pasos v. Los Angeles County Civil Service Com.
Trial court erred by substituting its own discretion for that of Sheriff's Department in determining appropriate penalty for deputy sheriff's failure to report another deputy's use of force against inmate. 		Employment Law 2DCA/7 Aug. 20, 2020
Robinson v. Southern Counties Oil Co.
Because present action and another, resolved, class action involved PAGA claims based on same alleged violations of Labor Code, claim preclusion barred relitigation of present claim. 		Employment Law 1DCA/4 Aug. 17, 2020
Pasos v. Los Angeles County Civil Service Com.
Trial court erred by substituting its own discretion for that of Sheriff's Department in determining appropriate penalty for deputy sheriff's failure to report another deputy's use of force against inmate. 		Employment Law 2DCA/7 Jul. 29, 2020
Modification: Gutierrez v. Brand Energy Services of California
Trial court erred in interpreting Wage Order 16 Section 5(D) as permitting employees and employers to enter CBA's that waived right to all compensation for employer-mandated travel time. 		Employment Law 1DCA/3 Jul. 7, 2020
Gutierrez v. Brand Energy Services of California
Trial court erred in interpreting Wage Order 16 Section 5(D) as permitting employees and employers to enter CBA's that waived right to all compensation for employer-mandated travel time. 		Employment Law 1DCA/3 Jun. 18, 2020
Willis v. City of Carlsbad
Equitable tolling doctrine did not apply because initial six month claim presentation deadline under Government Claims Act was not a statute of limitations. 		Employment Law 4DCA/1 May 13, 2020
Tilkey v. Allstate Insurance Co.
Defendant did not wrongfully terminate plaintiff in violation of Labor Code Section 432.7 based on plaintiff's participation in Arizona domestic nonviolence diversion program. 		Employment Law 4DCA/1 Apr. 22, 2020
Herrera v. Zumiez Inc.
Requiring employees to call manager thirty minutes to one hour before scheduled shift constitutes 'reporting for work.' 		Employment Law 9th Mar. 20, 2020
Alexander v. Community Hospital of Long Beach
Civil FEHA actions require exhaustion of administrative remedies even where defendant had actual notice of complaint and opportunity to participate in administrative processes. 		Employment Law 2DCA/1 Mar. 12, 2020
Frlekin v. Apple Inc.
An employer's level of control over employees, not the mandatory nature of employees' activity, determines whether 'hours worked' are compensable under Wage Order 7. 		Employment Law CASC Feb. 14, 2020
United Educators of San Francisco v. California Unemployment Insurance Appeals Bd.
A school district's summer session is considered an academic term if its enrollment, staffing, and instruction resemble the district's other academic terms; non-summer-retained employees are thus eligible for unemployment benefits. 		Employment Law CASC Jan. 17, 2020
St. Myers v. Dignity Health
Revenue cycling servicer was not a joint-employer because its modicum degree of control over plaintiff's pay was insufficient. 		Employment Law 3DCA Jan. 16, 2020
Mathews v. Happy Valley Conference Center, Inc.
Although trial court erred by failing to highlight centralized control of labor relations as a critical factor in the 'integrated enterprise' test, error was harmless because substantial evidence supported that factor. 		Employment Law 6DCA Dec. 16, 2019
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