The Review · Case Index

California employment case index

Search every indexed California wrongful-termination and employment decision, or browse by subject area, statute, and decade — each summary source-verified against the published reporter.

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2 cases

Gattuso v. Harte-Hanks Shoppers: § 2802 Expense-Reimbursement Methods

November 5, 2007
Harte-Hanks paid outside sales representatives higher salaries and commission rates than inside representatives and treated the difference as reimbursement for their automobile expenses. The California Supreme Court held the practice permissible in principle, but only where the employer establishes a means to identify which portion of overall compensation is intended as reimbursement and that portion fully covers expenses actually and necessarily incurred. Section 2804 bars any agreement that waives full reimbursement – a holding that unravelled the trial court's denial of class certification.

Aguilar v. Atlantic Richfield Co.

June 14, 2001
A defendant moving for summary judgment bears the burden of showing that a cause of action has no merit — that one or more elements cannot be established or that there is a complete defense — by either conclusively negating an element or showing the plaintiff does not possess, and cannot reasonably obtain, evidence to…