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KILBY v. CVS PHARMACY

Appellants, Nykeya Kilby, Kemah Henderson, Taquonna Lampkins, Carolyn Salazar, and Tamanna Dalton, Opening Brief on the Merits

31 Cited authorities

  1. Brinker Rest. Corp. v. Superior Court of San Diego Cnty.

    53 Cal.4th 1004 (Cal. 2012)   Cited 818 times   83 Legal Analyses
    Holding the employer is required to provide a meal period to employees, but "is not obligated to police meal breaks and ensure no work thereafter is performed"

  2. Arias v. Superior Court (Angelo Dairy)

    46 Cal.4th 969 (Cal. 2009)   Cited 597 times   13 Legal Analyses
    Holding that proof of a Labor Code violation is a prerequisite to recovery of PAGA penalties

  3. People v. Dillon

    34 Cal.3d 441 (Cal. 1983)   Cited 1,450 times
    Holding that first-degree felony murder includes "a variety of unintended homicides resulting from reckless behavior, or ordinary negligence, or pure accident; it embraces both calculated conduct and acts committed in panic or rage, or under the dominion of mental illness, drugs, or alcohol; and it condemns alike consequences that are highly probable, conceivably possible, or wholly unforeseeable."

  4. Martinez v. Combs

    49 Cal.4th 35 (Cal. 2010)   Cited 483 times   45 Legal Analyses
    Holding that California's wage and hour laws do not impose liability on "individual corporate agents acting within the scope of their agency"

  5. Murphy v. Kenneth Cole Productions Inc.

    40 Cal.4th 1094 (Cal. 2007)   Cited 521 times   19 Legal Analyses
    Holding that California Labor Code claims have a three-year statute of limitations

  6. Green v. State

    42 Cal.4th 254 (Cal. 2007)   Cited 296 times   2 Legal Analyses
    Holding that the FEHA protects only employees with a disability who can perform the essential duties of the job with reasonable accommodation

  7. Ramirez v. Yosemite Water Co.

    20 Cal.4th 785 (Cal. 1999)   Cited 347 times   17 Legal Analyses
    Holding that when a court evaluates if an employee was primarily engaged in exempt duties for purposes of the administrative exemption to overtime pay, it must consider "how the employee actually spends his or her time" and also "whether the employee's practice diverges from the employer's realistic expectations"

  8. Doe v. City of Los Angeles

    42 Cal.4th 531 (Cal. 2007)   Cited 264 times
    Holding courts construing California statutes "may not broaden or narrow the scope of the provision by reading into it language that does not appear in it or reading out of it language that does."

  9. People v. Braxton

    34 Cal.4th 798 (Cal. 2004)   Cited 274 times
    Recognizing that the California Supreme Court "may decide 'any issues that are raised or fairly included in the petition [for review].'"

  10. Cornette v. Dept. of Transportation

    26 Cal.4th 63 (Cal. 2001)   Cited 205 times
    Concluding that the employer's withholding from an employee's pay amounts to cover the cost of workers' compensation coverage was a failure to secure coverage that, in turn, permitted the employee to bring a civil action for damages

  11. Section 11040 - Order Regulating Wages, Hours, and Working Conditions in Professional, Technical, Clerical, Mechanical, and Similar Occupations

    Cal. Code Regs. tit. 8 § 11040   Cited 347 times   16 Legal Analyses
    Adopting this provision of the former CFR

  12. Section 11070 - Order Regulating Wages, Hours, and Working Conditions in the Mercantile Industry

    Cal. Code Regs. tit. 8 § 11070   Cited 243 times   13 Legal Analyses
    Requiring pay "[i]f an employee is required to report for work a second time in any one workday and is furnished less than two hours of work on the second reporting"

  13. Section 11010 - Order Regulating Wages, Hours, and Working Conditions in the Manufacturing Industry

    Cal. Code Regs. tit. 8 § 11010   Cited 120 times   4 Legal Analyses
    Requiring employers to pay to each employee "not less than the applicable minimum wage for all hours worked in the payroll period"

  14. Section 11140 - Order Regulating Wages, Hours, and Working Conditions in Agricultural Occupations

    Cal. Code Regs. tit. 8 § 11140   Cited 83 times
    Requiring certain minimum wages to be paid to all agricultural workers for 'hours worked'

  15. Section 11100 - Order Regulating Wages, Hours, and Working Conditions in the Amusement and Recreation Industry

    Cal. Code Regs. tit. 8 § 11100   Cited 15 times

    (Order No. 10-2001, Effective 1-1-2001, as amended. Sections 4(A) and 10(C) amended and republished by the Department of Industrial Relations, effective January 1, 2024, pursuant to SB 3, Chapter 4, Statutes of 2016 and section 1182.13 of the Labor Code. Sections 1(A) amended and republished pursuant to section 515.5(a)(4) of the Labor Code. Section 1(J) is added to the Labor Code pursuant to SB 332 (Ch. 866, Stats. 2023) effective October 13, 2023. Section 6 amended and republished to conform to

  16. Rule 8.548 - Decision on request of a court of another jurisdiction

    Cal. R. 8.548   Cited 217 times

    (a)Request for decision On request of the United States Supreme Court, a United States Court of Appeals, or the court of last resort of any state, territory, or commonwealth, the Supreme Court may decide a question of California law if: (1) The decision could determine the outcome of a matter pending in the requesting court; and (2) There is no controlling precedent. (Subd (a) amended effective January 1, 2007.) (b)Form and contents of request The request must take the form of an order of the requesting