Excerpt: ...ies in California. (Class Action Complaint, ¶ 8.) Plaintiff worked for defendant as a non‐exempt employee from February 20, 2017 through June 25, 2018. (Id. at ¶ 7.) He alleges that SJBH failed to include non‐discretionary incentive pay in the regular rate of pay for purposes of calculating overtime, and consequently underpaid overtime hours and provided wage statements displaying inaccurate overtime rates. (Id. at ¶ 22.) Based on these al...

Excerpt: ...eter Teti, Mary K. Bush, and Kelly A. Ayotte (collectively, the “Bloom Energy Defendants”) to stay all proceedings in this action in favor of a related federal action. The motion is opposed by plaintiffs. Defendants J.P. Morgan Securities LLC, Morgan Stanley & Co. LLC, Credit Suisse Securities (USA) LLC, KeyBanc Capital Markets Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Cowen and Company, LLC, HSBC Securities (USA) Inc., Oppenh...

Excerpt: ...ive Complaint As alleged in the operative complaint, defendant provides transportation services to clients in California, particularly in the Bay Area. (First Amended Class and Representative Action Complaint (“FAC”), ¶ 8.) Plaintiff was employed by defendant as a driver from April 2016 to August 2017 as a non‐exempt employee. (Ibid.) She alleges that defendant failed to provide legally compliant rest breaks and failed to reimburse employe...

Excerpt: ...7‐2018‐00040481‐CU‐OE‐ CTL) and (2) Gonzales v. Flagship Facility Services, Inc. (Super. Ct. Santa Clara County, No. 17‐CV‐ 316313). The parties oppose the motions to intervene, and Ceron (but not Gonzales) continues to oppose the motion for preliminary approval. I. Factual and Procedural Background Flagship provides janitorial services to clients throughout California. (Complaint, ¶ 9.) Plaintiff alleges that on or about September...

Excerpt: ...Complaint Defendant is headquartered in Milpitas and engages in wholesale food sales and distribution throughout California. (Class Action Complaint, ¶ 4.) Plaintiff alleges that defendant has employed hundreds of individuals in positions that are nonexempt from the payment of minimum and overtime wages, but paid these individuals a set salary regardless of hours worked. (Id. at ¶¶ 5, 15.) He alleges that defendant also “shaved” hours and ...

Excerpt: ...erative Complaint and Procedural Background Defendant is a sheet metal design and manufacturing company located in San Jose. (First Amended Complaint (“FAC”), ¶ 5.) Plaintiffs Ronald Balanag and Javier Graciano were employed by defendant as sheet metal printers, painters, and hardware operators at different periods during their employment. (Id. at ¶¶ 11‐12.) Plaintiffs allege that they and other nonexempt employees routinely worked witho...

Excerpt: ...erative Complaint and Procedural Background Defendant is a sheet metal design and manufacturing company located in San Jose. (First Amended Complaint (“FAC”), ¶ 5.) Plaintiffs Ronald Balanag and Javier Graciano were employed by defendant as sheet metal printers, painters, and hardware operators at different periods during their employment. (Id. at ¶¶ 11‐12.) Plaintiffs allege that they and other nonexempt employees routinely worked witho...

Excerpt: ...7‐2018‐00040481‐CU‐OE‐ CTL) and (2) Gonzales v. Flagship Facility Services, Inc. (Super. Ct. Santa Clara County, No. 17‐CV‐ 316313). The parties oppose the motions to intervene, and Ceron (but not Gonzales) continues to oppose the motion for preliminary approval. I. Factual and Procedural Background Flagship provides janitorial services to clients throughout California. (Complaint, ¶ 9.) Plaintiff alleges that on or about September...

Excerpt: ...ployed by defendant as a non‐exempt certified nurse assistant at its facilities and offices in San Jose. (Complaint, ¶ 2.) She alleges that defendant required her and other nurse assistants to perform off‐the‐clock work before and after their shifts, and rounded their time to the nearest quarter hour, to employees' detriment. (Id. at ¶ 3.) Plaintiff and putative class members also were not provided with the opportunity to take timely, uni...

Excerpt: ...Complaint Defendant is headquartered in Milpitas and engages in wholesale food sales and distribution throughout California. (Class Action Complaint, ¶ 4.) Plaintiff alleges that defendant has employed hundreds of individuals in positions that are nonexempt from the payment of minimum and overtime wages, but paid these individuals a set salary regardless of hours worked. (Id. at ¶¶ 5, 15.) He alleges that defendant also “shaved” hours and ...

Excerpt: ...s paid at a rate of $9.00 per hour during his employment in 2017, while the applicable minimum wage was $10.50 per hour as of January 1st of that year. (Id. at ¶ 24.) In addition, plaintiff alleges that non‐discretionary commission pay was not included in his regular rate of pay for purposes of calculating his overtime compensation. (Ibid.) Based on these allegations, plaintiff brings class claims for (1) failure to pay minimum wages in violat...

Excerpt: ...n the lead action (the First Amended Complaint or “FAC”), defendant Island Hospitality Management, Inc. provided hotel management services to hotels throughout California until December of 2014, when it converted to Island Hospitality Management, LLC. (FAC, ¶¶ 7‐8.) Among the hotels to which defendants have provided services is the Residence Inn by Marriott in San Jose. (Ibid.) Plaintiff Charmie Ruffy worked for defendants in San Jose as ...

Excerpt: ... browse and download Android Apps published by both Google and third‐party developers. (Complaint, ¶¶ 20‐ 22.) Through the Google Play Store, defendant offers digital products including songs, movies, television shows, and periodicals through paid subscriptions that are automatically renewed at the end of a definite term for a subsequent term or that continue until the consumer cancels (“In‐App subscriptions”). (Id. at ¶ 23.) To make...

Excerpt: ... browse and download Android Apps published by both Google and third‐party developers. (Complaint, ¶¶ 20‐ 22.) Through the Google Play Store, defendant offers digital products including songs, movies, television shows, and periodicals through paid subscriptions that are automatically renewed at the end of a definite term for a subsequent term or that continue until the consumer cancels (“In‐App subscriptions”). (Id. at ¶ 23.) To make...

Excerpt: ...s paid at a rate of $9.00 per hour during his employment in 2017, while the applicable minimum wage was $10.50 per hour as of January 1st of that year. (Id. at ¶ 24.) In addition, plaintiff alleges that non‐discretionary commission pay was not included in his regular rate of pay for purposes of calculating his overtime compensation. (Ibid.) Based on these allegations, plaintiff brings class claims for (1) failure to pay minimum wages in violat...

Excerpt: ...n the lead action (the First Amended Complaint or “FAC”), defendant Island Hospitality Management, Inc. provided hotel management services to hotels throughout California until December of 2014, when it converted to Island Hospitality Management, LLC. (FAC, ¶¶ 7‐8.) Among the hotels to which defendants have provided services is the Residence Inn by Marriott in San Jose. (Ibid.) Plaintiff Charmie Ruffy worked for defendants in San Jose as ...

Excerpt: ...s paid at a rate of $9.00 per hour during his employment in 2017, while the applicable minimum wage was $10.50 per hour as of January 1st of that year. (Id. at ¶ 24.) In addition, plaintiff alleges that non‐discretionary commission pay was not included in his regular rate of pay for purposes of calculating his overtime compensation. (Ibid.) Based on these allegations, plaintiff brings class claims for (1) failure to pay minimum wages in violat...

Excerpt: ...n the lead action (the First Amended Complaint or “FAC”), defendant Island Hospitality Management, Inc. provided hotel management services to hotels throughout California until December of 2014, when it converted to Island Hospitality Management, LLC. (FAC, ¶¶ 7‐8.) Among the hotels to which defendants have provided services is the Residence Inn by Marriott in San Jose. (Ibid.) Plaintiff Charmie Ruffy worked for defendants in San Jose as ...

Excerpt: ... browse and download Android Apps published by both Google and third‐party developers. (Complaint, ¶¶ 20‐ 22.) Through the Google Play Store, defendant offers digital products including songs, movies, television shows, and periodicals through paid subscriptions that are automatically renewed at the end of a definite term for a subsequent term or that continue until the consumer cancels (“In‐App subscriptions”). (Id. at ¶ 23.) To make...

Excerpt: ... browse and download Android Apps published by both Google and third‐party developers. (Complaint, ¶¶ 20‐ 22.) Through the Google Play Store, defendant offers digital products including songs, movies, television shows, and periodicals through paid subscriptions that are automatically renewed at the end of a definite term for a subsequent term or that continue until the consumer cancels (“In‐App subscriptions”). (Id. at ¶ 23.) To make...

Excerpt: ...s paid at a rate of $9.00 per hour during his employment in 2017, while the applicable minimum wage was $10.50 per hour as of January 1st of that year. (Id. at ¶ 24.) In addition, plaintiff alleges that non‐discretionary commission pay was not included in his regular rate of pay for purposes of calculating his overtime compensation. (Ibid.) Based on these allegations, plaintiff brings class claims for (1) failure to pay minimum wages in violat...

Excerpt: ...n the lead action (the First Amended Complaint or “FAC”), defendant Island Hospitality Management, Inc. provided hotel management services to hotels throughout California until December of 2014, when it converted to Island Hospitality Management, LLC. (FAC, ¶¶ 7‐8.) Among the hotels to which defendants have provided services is the Residence Inn by Marriott in San Jose. (Ibid.) Plaintiff Charmie Ruffy worked for defendants in San Jose as ...

Excerpt: ...s paid at a rate of $9.00 per hour during his employment in 2017, while the applicable minimum wage was $10.50 per hour as of January 1st of that year. (Id. at ¶ 24.) In addition, plaintiff alleges that non‐discretionary commission pay was not included in his regular rate of pay for purposes of calculating his overtime compensation. (Ibid.) Based on these allegations, plaintiff brings class claims for (1) failure to pay minimum wages in violat...

Excerpt: ...n the lead action (the First Amended Complaint or “FAC”), defendant Island Hospitality Management, Inc. provided hotel management services to hotels throughout California until December of 2014, when it converted to Island Hospitality Management, LLC. (FAC, ¶¶ 7‐8.) Among the hotels to which defendants have provided services is the Residence Inn by Marriott in San Jose. (Ibid.) Plaintiff Charmie Ruffy worked for defendants in San Jose as ...

Excerpt: ... browse and download Android Apps published by both Google and third‐party developers. (Complaint, ¶¶ 20‐ 22.) Through the Google Play Store, defendant offers digital products including songs, movies, television shows, and periodicals through paid subscriptions that are automatically renewed at the end of a definite term for a subsequent term or that continue until the consumer cancels (“In‐App subscriptions”). (Id. at ¶ 23.) To make...