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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3 cases

Kilby v. CVS Pharmacy: The “Suitable Seating” Test

April 4, 2016
Answering three questions certified by the Ninth Circuit, the California Supreme Court held that the “nature of the work” under the wage orders' seating provision refers to the tasks an employee performs at a given location – not to the whole job – and that whether the work reasonably permits sitting is an objective, totality-of-the-circumstances question in which employer business judgment and workplace layout are relevant but not dispositive. If the employer contends no suitable seat exists, it bears the burden of proving unavailability.

Gonzalez v. Downtown LA Motors, LP

March 6, 2013
Piece-rate employees are entitled to separate hourly compensation for time spent waiting for repair work or performing other nonrepair tasks directed by the employer during their work shifts; piece-rate earnings cannot be averaged across that nonproductive time to satisfy the minimum-wage obligation (215 Cal.App.4th…

Pineda v. Bank of America, N.A.

November 18, 2010
Section 203(b) contains a single, three-year limitations period governing all actions for section 203 penalties, regardless of whether the penalty claim is accompanied by a claim for unpaid final wages; and the penalties may be recovered even though the underlying wages were eventually paid.