Court: Woman's Action Against 7-Eleven Targets Payroll Processor, Not Employer

SAN DIEGO - 7-Eleven Inc. provides payroll services to its franchisees and cannot be liable under the California unfair competition law (UCL), a state appeals court held May 8 in affirming judgment on a woman's claim involving conversion of partial hours worked into hundredths of an hour ( Kimberly...

Court: Card Dealer Tip Pooling Passes Labor Code Muster

SAN JOSE, Calif. - A casino's tip-pooling arrangement never resulted in it keeping an employee's tips, a state appeals court held Jan. 23 in affirming judgment on California unfair competition law (UCL) claims (Haim Avidor v. Sutter's Place Inc., No. H037142, Calif. App., 6th Dist.).

Certification Denied For Employees' Conspiracy Claims Against High-Tech Companies

SAN JOSE, Calif. - A federal judge in California on April 5 denied certification of two proposed classes of employees of seven high-tech companies on the employees' allegations that the defendants conspired to fix and suppress employee compensation and to restrict employee mobility by entering into...

FLSA Statute Of Limitations Doesn't Preempt Competition Law Claims, Magistrate Says

SAN JOSE, Calif. - The shorter statute of limitations in the Fair Labor Standards Act (FLSA) does not require preemption of California unfair competition law (UCL) employment claims, a federal magistrate judge held April 9 (Douglas Roberts v. Trimac Transportation Services $(Western$) Inc., No. 12-5302...

Fiduciary Duty Claims Related To Wells Fargo's Securities Lending Program Continue

ST. PAUL, Minn. - A federal judge in Minnesota on June 4 ruled that Wells Fargo Bank N.A. is not entitled to summary judgment on claims that it breached its fiduciary duties under the Employee Retirement Income Security Act by investing the assets of ERISA plans in risky securities as part of its securities...

Employees Reach Settlement With 2 High-Tech Employers On Conspiracy Claims

SAN JOSE, Calif. - Employees who allege that seven high-tech companies conspired to restrict the mobility of technical employees by entering into agreements not to compete for each other's employees told a federal judge in California on July 12 that they have reached an agreement with defendants...

Antitrust, Some ERISA Claims Dismissed From Wellpoint Reimbursement MDL

LOS ANGELES - A federal judge in California on July 19 dismissed antitrust and other claims alleging that WellPoint Inc. and other companies conspired to use a flawed database to set the rates for which out-of-network medical services (ONS) are reimbursed (In re: WellPoint Inc. Out-Of-Network "UCR"...

California Federal Judge Dismisses Conspiracy Claims Against Kaiser, Union

SAN DIEGO - A hospital system failed to allege that a managed care organization and its related entities conspired with a labor union to exclude competition in the markets for emergency and acute-care hospital services, a federal judge in California ruled July 25 (Prime Healthcare Services, Inc. v. Service...

9th Circuit Declines To Rehear Opinion Vacating UCL Employment Case

WASHINGTON, D.C. - A Ninth Circuit U.S. Court of Appeals panel on Sept. 3 declined to rehear a case in which it decertified newspaper workers' California unfair competition law (UCL) class claims, withdrew its previous opinion and issued a new one remanding for reconsideration of commonality and...

Judge: Conduct Allegedly Caused More Recording, Injury Under Competition Law

SAN JOSE, Calif. - An animal rights activist's allegations that circus employees' harassment necessitated longer recordings and forced her to purchase additional memory cards satisfies the California unfair competition law (UCL) injury standard, a federal judge held Oct. 4 (Shannon Campbell and...

Class Certification Granted In Employees' Antitrust Suit Against High-Tech Companies

SAN JOSE, Calif. - A California federal judge on Oct. 24 granted a supplemental motion for class certification in an antitrust suit accusing high-tech companies of conspiring to fix and suppress employee compensation and to restrict employee mobility by entering into agreements not to compete for one...