California Court of Appeal

In a class action challenge to the practice of a payroll services provider in converting any partial hour worked in a pay period from minutes to hundredths of an hour, thereby shorting employees of a few seconds of time and commensurate pay, summary judgment to the defendant is affirmed, where: 1) the complaint did not allege any statutory predicate for the Unfair Competition Law (UCL) claim of unlawfulness, and the plaintiff did not seek leave to amend, so the principle of forfeiture applied; and 2) even without forfeiture, the plaintiff could not pursue UCL claims for unlawfulness or unfairness because the Labor Code wage statutes govern the employee-employer relationship, and undisputed evidence showed the defendant was not the class members' employer.

Appellate Information

• Decided 05/08/2012
• Published 05/08/2012

Judges

• McConnell

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Sullivan & Christiani, Payne & Fears