Hess v. Suzuki
Decision Date | 14 September 2012 |
Docket Number | 1:10-cv-01821-AWI-BAM |
Citation | Hess v. Suzuki, 1:10-cv-01821-AWI-BAM (E.D. Cal. Sep 14, 2012) |
Parties | EDNA HESS, Plaintiff, v. MADERA HONDA SUZUKI; HARRY D. WILSON, INC.; ROBERT D. WILSON; and DOES 1 through 10, inclusive, Defendants. |
Court | U.S. District Court — Eastern District of California |
(Docs. 24-24-10, 30)
DefendantsMadera Honda Suzuki et al. have filed a motion for summary judgment or summary adjudication in the alternative.For reasons discussed below, the motion shall be denied.
On October 1, 2010, plaintiffEdna Hess(hereinafter referred to as "Plaintiff") filed her complaint against defendantsMadera Honda Suzuki, a California corporation, Harry D. Wilson, Inc., a California corporation, Robert D. Wilson, an individual, and Does 1 through 10, inclusive, asserting causes of action for (1) violation of California Labor Code § 201, (2) violation of the federal FairLabor Standards Act, 29 U.S.C. § 206, (3) violation of California Labor Code § 226, (4) violation of California Labor Code § 1174, (5) violation of California Labor Code § 227.3, (6) violation of California Labor Code § 1197, (7) violation of California Labor Code §§ 226.7and512 and Industrial Welfare Commission(IWC) Wage Order 4-2001, (8) violation of California Labor Code § 510andIWC 4-2001, (9) violation of California Business and Professions Code §§ 17200 et seq., (10) wrongful termination in violation of public policy, (11) penalties under California Labor Code § 203 and (12) penalties under 29 U.S.C. § 216.The first and third through eleventh causes of action were asserted against the corporate defendants and Does 1-10, inclusive; the second and twelfth causes of action were asserted against all defendants.In the complaint, Plaintiff alleged as follows:
Plaintiff further alleged:
Plaintiff further alleged:
Plaintiff further alleged:
Plaintiff further alleged:
Plaintiff further alleged:
On July 13, 2012, defendantsHarry D. Wilson, Inc. dba Madera Honda Suzuki(erroneously sued as Madera Honda Suzuki and Harry D. Wilson, Inc.) and Robert D. Wilson(hereinafter referred to as "Defendants") filed their motion for summary judgment or summary adjudication in the alternative pursuant to Federal Rule of Civil Procedure 56.Plaintiff filed her opposition to Defendants' motion for summary judgment or summary adjudication on August 6, 2012.Defendants filed their reply to Plaintiff's opposition to the motion for summary judgment on August 13, 2012.
Fed. R. Civ. P. 56(a).The moving party bears the initial burden of "informing the district court of the basis for its motion, and identifying those portions of 'the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any,' which it believes demonstrate the absence of a genuine issue of material fact."
Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265(1986);seeFed. R. Civ. P. 56(c)(1)(A)."Where the non-moving party bears the burden of proof at trial, the moving party need only prove that there is an absence of evidence to support the non-moving party's case."In re Oracle Corp. Securities Litigation, 627 F.3d 376, 387(2010)(citingCelotex, supra, at p. 325).If the moving party meets its initial burden, the burden shifts to the non-moving party to present evidence establishing the existence of a genuine dispute as to any material fact.SeeMatsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 585-86, 106 S.Ct. 1348, 89 L.Ed.2d 538.A court ruling on a motion for summary judgment must construe all facts and inferences in the light most favorable to the non-moving party.SeeAnderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202(1986).Even if the motion is unopposed, the movant is not absolved of the burden to show there are no genuine issues of material fact, Henry v. Gill Industries, Inc., 983 F.2d 943, 949-50(9th Cir.1993), although the court may assume the movant's assertions of fact to be undisputed for the purposes of the motion and grant summary judgment if the facts and other supporting materials show the movant is entitled to it.SeeFed. R. Civ. P. 56(e)(2), (3).
1.Defendants' first argument (no liability under the Fair Labor Standards Act)- As a threshold matter, Defendants move for summary adjudication of the second and twelfth causes of action for violation of the Fair Labor Standards Act (FLSA),29 U.S.C. §§ 201 et seq., and penalties under section 216 of the FLSA, 29 U.S.C. § 216."The FLSA imposes minimum labor standards on employers to promote 'the health, efficiency, and general well-being of workers.' "Christopher v. SmithKline Beecham Corp., 635 F.3d 383, 389(9th Cir.2011)(quoting29 U.S.C. § 202(a)).Section 206, the minimum wage provision invoked by Plaintiff, provides in pertinent part: "Every employer shall pay to each of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in theproduction of goods for commerce, wages at the following rates: [¶](1) except as otherwise provided in this section, not less than-- [¶](A) $5.85 an hour, beginning on the 60th day after May 25, 2007; [¶](B) $6.55 an hour, beginning 12 months after that 60th day; and [¶](C) $7.25 an hour, beginning 24 months after that 60th day[.]"29 U.S.C. § 206(a)(emphasis added).Plaintiff alleges Defendants violated this provision by failing to pay her for 40 weeks' worth of wages.Defendants now contend summary adjudication must be granted because Plaintiff is a co-owner/shareholder of Harry D. Wilson, Inc., and is therefore not an "employee" of Defendants as that term is defined in the FLSA.
With certain exceptions not applicable here, the FLSA defines "employee" simply to mean "any individual employed by an employer,"29 U.S.C. § 203(e)(1), and an " '[e]mployer' includes any person acting directly or indirectly in the interest of an employer in relation to an employee[.]"Id., § 203(d).The Ninth Circuit, "in deciding if an employer-employee relationship exists, has applied an 'economic reality' test which identifies four factors: [¶] whether the alleged employer (1) had the power to hire and fire the employees, (2) supervised and controlled employee work schedules or conditions of employment, (3) determined the rate and method of payment, and (4) maintained employment records."Gilbreath v. Cutter Biological, Inc., 931 F.2d 1320, 1324(9th Cir.1991)(citingBonnette v. California Health & Welfare Agency, 704 F.2d 1465, 1470(9th Cir.1983...
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