Current Actions

Case Name
Court / Judge
Synopsis

Parent v. MillerCoors LLC

Filed on April 25, 2015

Clark & Treglio has filed a new consumer class action against MillerCoors LLC for the allegedly deceptive sale of “Blue Moon Brewing Company” products throughout the State of California. Specifically, Plaintiff alleges that MillerCoors LLC brews and distributes products under the name “Blue Moon Brewing Company” in an effort to deceive customers that they are buying […]

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Budet v. American Advisors Group, Inc.

Filed on December 2, 2014

*Coordinated with Orlando v. AAG, Case No. J.C.C.P. 4807

Plaintiffs Jose Budet and Theodore Austin allege that they and other non-exempt (overtime eligible) employees of American Advisors Group, Inc., were not properly compensated for their overtime hours and were not paid all of their commissions upon termination. Under both U.S. and California law, employees must be paid overtime compensation based upon their “regular rate […]

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Holdway v. Ken Small Industries

Filed on December 2, 2014

Superior Court of Kern County

Plaintiff Ken Holdway contends that he and all other forepersons working for Ken Small Industries were not compensated for all of their working hours in apparent violation of California law.  Here, Mr. Holdway alleges that as part of his job, he was required to inspect his truck every morning before leaving for work, then drive […]

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Alfaro v. Kaiser Foundation Health Plan, Inc.

Filed on December 2, 2014

Los Angeles Superior Court, Hon. William F. Highberger

Mr. Alfaro alleges that he and other employees of Kaiser Foundation Health Plan, Inc., who worked from home as telecommuters were never reimbursed for the expenses associated with working from home. If this is true, then this practice would violate Cal. Labor Code §2802, which prohibits employers from transferring the costs of doing business to […]

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Aguilera, et al. v. Eagle Systems International, Inc.,

Filed on November 6, 2014

Alameda Superior Court / Hon. Judge Wynne Carvill.

Plaintiffs were employed by Eagle Systems International, Inc., (also known as Synergy), as technicians and who were employed to install energy efficient products in residences throughout the State of California. While they were paid for the installation of these products, such as weather stripping, energy efficient light fixtures, etc., Plaintiffs allege they were not paid for time spent on administrative tasks and travel time to and from various worksites because they were paid only for those products that they installed, which is known as piece-rate compensation. California law allows for piece rate compensation so long as the employee is paid for all hours worked. Here, Plaintiffs allege that they were not paid for their time spent on job preparation, administrative tasks, and travel time.

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Fontes v. Heritage Operating

Filed on May 7, 2014

San Diego Superior Court

This is a consumer class action against Heritage Operating L.P., a provider of propane to homes, for allegedly changing propane at artificially inflated rates. If you suspect that you are paying too much for propane, please contact us.

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Markell v. Excalibur Pizza LLC

Filed on April 16, 2014

Sacramento Superior, Hon. Alan G. Perkins

2802: delivery drivers-miles: average monthly loss $63.32

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Harrington v Professional Security

Filed on April 16, 2014

LASC, Hon. Lee Smalley Edmon, Dept. 322

Security guards who were paid less than twice the minimum wage and incurred expenses who which they were not fully reimbursed.

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Fuller v. American Title Co

Filed on March 3, 2014

Santa Clara Superior Court/ Hon Peter H. Kirwan Dept 1

Asst Managers who were not reimbursed for travel time driving to regional meetings

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Perry v. San Joaquin Valley Colleges

Filed on February 25, 2014

Riverside Superior, Hon. John D. Molloy, Dept. 10

Admission Advisors who worked overtime without proper compensation.

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Feagin v. LivingSocial

Filed on February 24, 2014

USDC- Souther Dist

PLAINTIFFS’ business, “A.T. Your Service Cleaning and Janitorial,” is a cleaning service lawfully doing business in the County of San Diego since March 1, 2012. PLAINTIFFS continue to do business within the County of San Diego.

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Richie v Blue Shield

Filed on December 2, 2013

USDC Northern Dist./ Hon. Chen

Unpaid overtime for health insurance nurse case managers.

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Lambert v. Frazee Paint

Filed on November 19, 2013

OCSC/Hon Steven Perk , CX105

2802: 2 to 3 times a month go change from bank; 1 to 2 times a month did interstore transfers

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Schroeder v. Sherwin Williams

Filed on November 14, 2013

Sales Associate- daily bank runs; Asst Mngr- bank deposits, interstore transfers-unreimbursed

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Friedlander v. Hot Topic

Filed on September 4, 2013

LASC/ Hon. Elihu M. Berle Dept 323

Managers and Asst. Managers driving to meetings, to bank and interstore transfers not reimbursed for gas and mileage, unpaid rest breaks, Individual claim-OT

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Arellano v. Kellermeyer

Filed on July 24, 2013

USDC Southern Dist.

Housekeepers and janitors for KBS worked over 8 hours a day without overtime compensation, rounding system hurt employees pay, worked without proper meal and rest breaks, worked split shifts without proper compensation, and employees had to provide own equipment without being reimbursed.

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Fulcher v. Guess

Filed on June 26, 2013

LASC/ Hon Jane Johnson

Not being reimbursed for gas and mileage for interstore transfers, meeting, training and going on bank runs. Also not paid for parking @ training. Couldn’t take meal and rest breaks because of number of mngrs required to be on the floor at once; Worked OT but they changed her time.

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Ziencina v. Retail Assistance

Filed on April 12, 2013

Unpaid driving time and expenses for merchandisers. Cap time in stores. Not paid for working place to place. Sister/Cousin still there.

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Corona v. Verizon

Filed on May 25, 2012

LASC/ Judge Jane Johnson Dept 308

Failure to provide promised holiday days off.

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Holt v. Kaiser

Filed on April 20, 2012

Alameda County Sup./ Hon Wynne Carville

Off the clock overtime for hospital case managers. More work than can do during 8 hour shift. overtime off the clock. getting calls from all over the state.

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Alvarez v. Hamilton Sundstrand

Filed on December 19, 2011

LASC/ Judge John Shepard Wiley Jr, Dept 311

Salaried employees furloughed for days without pay resulting in loss of salary status under all overtime exemptions.

Full Synopsis & Case Documents »

Coleman v. Jenny Craig

Filed on October 17, 2011

USDC- Souther Dist/ Michael M. Anello

Unpaid overtime for employees of Jenny Craig.

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Evans v. Wal-Mart

Filed on July 22, 2010

USDC Nevada / James Mahan (P), Lawrence Leavitt (M)

Hourly employees working multiple shifts in 24 hours periods. NRS 608.018. Pendant to existing multi-district litigation and NV Labor Commissioner action. : Filed motion for class certification 7/24. Shift jamming. 24 hour state. Nevada. Wal-Mart didn’t pay attention and working evening and morning shift. per se violation of Nevada law. someone complained to Nevada commissioner and commissioner sued wal-mart. But Wal-Mart didn’t pay any of the employees who had left any of the waiting time penalties. Same as CA. 30 days of pay. 1-2k each. small class period.

Full Synopsis & Case Documents »

Daprizio v. Harrah’s

Filed on April 27, 2010

USDC Nevada / Gloria Navarro (P), Robert Johnston (M)

Casino employees required to report 15 minutes before clock-in. FLSA: Failure to pay overtime. NV State Code; Buzz meetings before each shift but supposed to clock in for that time. Discovery open, just received first round. They argued can’t seek damages under both FLSA and Nevada state law. back and forth to ninth circuit. Survived. Need class list.

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Ramirez v. Wells Fargo

Filed on January 28, 2010

Off-the clock: Involves Wells Fargo’s California practice known as “call nights” whereby Personal Bankers and Customer Service Representatives are required to make sales calls to customers and potential customers after hours and without compensation. Call nights. Personal Bankers. CSRs. Off the Clock.

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Alvarado v. Lewis Operating Corp.

Filed on January 22, 2010

Sacramento Superior

Building Maintenance-1 week a month, “on call/ stand by” for 3 properties. carry a phone and go take care of issues response time/ distance no more than 30min.no ability to pass off the call. he is paid for his time spent going out to solve an issue. approx 3 calls in an entire year. so 12 weeks a year of not being able to go or do anything: church, children’s activities, dinner, movies, birthdays etc.

Full Synopsis & Case Documents »

Matam v. Oracle

Filed on October 20, 2009

Alameda Sup. / Steven Brick

Misclassification: Business Analysts at Oracle, misclassified as exempt. Defendant claims administrative exemption.

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