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Employment Law
Compensations, Benefits
Wage and Hour

Catherine E. Sullivan v. Kelly Services Inc.

Published: Jan. 31, 2009 | Result Date: Nov. 12, 2008 | Filing Date: Jan. 1, 1900 |

Case number: 4:07-cv-02784-CW Bench Decision –  Defense

Court

USDC Northern


Attorneys

Plaintiff

Elizabeth A. Acevedo

Denise L. Diaz

Jade Butman
(Nixon Peabody LLP)

Eric A. Grover
(Keller Grover LLP)


Defendant

Geoffrey D. DeBoskey

Derek R. Havel
(Sheppard, Mullin, Richter & Hampton LLP)

Lauren D. Thibodeaux

Richard J. Simmons
(Sheppard, Mullin, Richter & Hampton LLP)


Facts

On Aug. 11, 2006, plaintiff Catherine E. Sullivan completed her six-month employment assignment with Managed Health Network. Sullivan worked as a temporary staffing employee for defendant Kelly Services Inc., a provider of temporary staffing to various businesses. Sullivan was paid five days after the completion of her assignment with Managed Health, which was in line with Kelly Services' weekly wage schedule.

Sullivan filed a class action suit for violations of the California Labor Code and the California Business and Professions Code.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that Kelly Services was required to pay employee's wages immediately upon completion or termination of employment as this represented a discharge per the Labor Code.

DEFENDANT'S CONTENTIONS:
Kelly Services denied all allegations.

Damages

The plaintiffs sought unspecified damages for violations of the Labor Code.

Result

The court ruled in favor of Kelly Services in summary judgment, finding that completion of her assignment with Managed Health did not represent a "discharge" and Sullivan was properly paid.


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