Gustafson v. Alloyd Co.

Holding that § 12 does not apply to secondary market transactions as the statute's inclusion of the term “prospectus” evinces an intent to limit the Sections's scope solely to the initial public offering

Watson v. United States

Holding that a person does not use a firearm under 18 U.S.C. § 924(c) when he receives it in trade for drugs

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

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"

Green v. Bock Laundry Machine Co.

Holding it would be absurd not to apply Fed.R.Evid. 609, which authorizes impeachment of witness's credibility using specified categories of criminal convictions, to civil as well as criminal defendants

Radzanower v. Touche Ross Co.

Holding § 78aa did not supersede narrower venue provision in National Bank Act and rejecting amicus SEC's suggestion § 78aa should apply nonetheless to facilitate consolidation of litigation as a “policy argument ... more appropriately addressed to Congress”

Martinez v. Combs

Holding that California's wage and hour laws do not impose liability on "individual corporate agents acting within the scope of their agency"

Murphy v. Kenneth Cole Productions Inc.

Holding that California Labor Code claims have a three-year statute of limitations

Ramirez v. Yosemite Water Co.

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"

Morillion v. Royal Packing

Holding that compulsory travel time on bus from departure point to work site is compensable

Cal. Ex. Rel. Sacramento Metro. Air v. U.S.

Holding that 28 U.S.C. § 1442 could not support jurisdiction in the face of a jurisdictional bar, on the ground that "[i]t is fundamental that a general statutory provision may not be used to nullify or to trump a specific provision, irrespective of the priority of enactment"

Section 207 - Maximum hours

Establishing overtime rules

Section 515 - Exemptions for executive, administrative, and professional employees

Exempting "administrative" employees from overtime compensation; Lab. Code, § 226.7, subd. (e) [providing exemption from meal and rest periods].

Section 541.602 - Salary basis

Focusing on whether "the employee regularly receives" a "predetermined amount" each relevant pay period

Section 778.114 - Fluctuating Workweek Method of Computing Overtime

Prescribing total hours, including overtime, as the divisor when employers pay by shift without regard to fluctuating hours

Section 778.108 - The "regular rate"

Defining the "regular rate" as "the hourly rate actually paid the employee for the normal, nonovertime workweek for which he is employed" (citing Walling v. Youngerman-Reynolds Hardwood Co., 325 U.S. 419, 424, 65 S.Ct. 1242, 89 L.Ed. 1705 (1945) )

Section 778.211 - Discretionary bonuses

Incorporating 29 C.F.R. § 778.211

Section 778.209 - Method of inclusion of bonus in regular rate

Section 778.208 - Inclusion and exclusion of bonuses in computing the "regular rate."

Providing that that certain special payments---e.g., "discretionary bonuses, gifts and payments in the nature of gifts on special occasions, contributions by the employer to certain welfare plans and payments made by the employer pursuant to certain profit-sharing, thrift and savings plans"---are not part of the regular rate

Section 778.207 - Other types of contract premium pay distinguished

Stating that non-overtime premiums for specific hours worked, such as nightshift differentials and hazard pay, must be included in the regular rate

Section 778.502 - Artificially labeling part of the regular wages a "bonus"

Providing that a bonus is a sum paid in "addition to total wages usually because of extra effort of one kind or another, or as a reward for loyal service or as a gift"

Section 778.203 - Premium pay for work on Saturdays, Sundays, and other "special days"

Reiterating the "extra compensation" standard from the FLSA