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Workman Law Blog


California Court of Appeal Rules that On-Call Rest Breaks are Permissible

February 12, 2015
On December 14 2014 in Augustus v ABM Security Services Inc 2014 Cal App LEXIS 1209 the California Court of Appeal Second Appellate District reversed a 90 million judgment in favor of a class of security guards The issue in the case was whether the security guards were entitled to compesation becaus... Read More

California Supreme Court Rules Security Guards are Entitled to Compensation for On-Call Hours, Including Sleep Time

January 13, 2015
On January 8 2015 in Mendiola v CPS Security Solutions Inc 2015 Cal LEXIS 3 the California Supreme Court affirmed the Court of Appeal s conclusion that security guards on call time constitutes hours worked and was therefore compensable time and subject to minimum wage and overtime protections At nig... Read More

York Claims Service Wage and Hour Cases

December 29, 2014
On December 11 2014 the trial court issued a proposed statement of decision following a class action trial that occured in May of 2014 The issue in the case was whether Defendant York erroneously classified the class of 122 claims examiners adjusters as exempt from the overtime laws Finding for the ... Read More

Ninth Circuit Rules that FedEx Drivers are Employees not Independent Contractors

October 7, 2014
On August 27 2014 the Ninth Circuit in Alexander v FedEx Ground Package System Inc 2014 U S App LEXIS 16585 9th Cir 2014 held that FedEx drivers who must wear FedEx uniforns drive FedEx approved vehicles deliver the packages FedEx tells them to deliver on the days and times FedEx instructs and adher... Read More

Ninth Circuit allows California employees to pursue class action for off-the-clock work

September 9, 2014
On September 3 2014 the Ninth Circuit held that a class of employees could pursue their claims for off the clock work against their employer In Jimenez v Allstate Insurance Co F 3d 9th Cir 2014 California claims adjusters alleged that their employer required them to work overtime hours more than 8 ... Read More

Court of Appeal holds that California employers must reimburse employees for personal cell phone use at work

August 28, 2014
The Court of Appeal for the Second Appellate District in Cochran v Schwan s Home Service Inc 228 Cal App 4th 1137 2014 recently refuted one of the vogue arguments employers present to defeat class certification in expense reimbursement cases The Plaintiff sought reimbursement on behalf of the class ... Read More