This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Employment Law
Failure to Pay
Use of Personal Vehicles for Business

Sean Boring v. Bed Bath & Beyond of California LLC

Published: Dec. 28, 2013 | Result Date: Nov. 21, 2013 | Filing Date: Jan. 1, 1900 |

Case number: 3:12-cv-5259 Settlement –  $415,000

Court

USDC Northern


Attorneys

Plaintiff

Michael Malk
(Malk Law Firm)

Craig J. Ackermann
(Ackermann & Tilajef PC)


Defendant

John S. Battenfeld
(Morgan, Lewis & Bockius LLP)

Stephen L. Taeusch
(Goodwin Procter LLP)

Rebecca D. Eisen


Facts

Sean Boring filed a class action against Bed Bath & Beyond of California LLC, alleging violations of the California Labor Code and Unfair Competition Law.

Boring was an assistant manager at Bed Bath's Oxnard, Ventura, and Thousand Oaks locations from October 2005 through April 19, 2012.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff was an assistant manager for Bed Bath for a number of years. He used his personal vehicle to retrieve products and/or supplies from other store locations to bring to his home store location, but Bed Bath didn't compensate him or others similarly situated for the gas mileage they expended in business-related purposes. As such, Bed Bath violated California Labor Code Section 2802, the California Private Attorney General Act, and California's Unfair Competition Law.

Result

Bed Bath agreed to settle the dispute for $415,000.


#111955

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390