Combs

In this action for recovery of unpaid overtime compensation, Mark R. Combs appeals judgments entered in favor of his former employer Skyriver Communications, Inc. (Skyriver), a wireless broadband Internet service provider, and its then interim chief executive officer (CEO) Massih Tayebi. During his employment at Skyriver from June 2001 to November 2004, Combs served first as manager of capacity planning and then as director of network operations. Alleging in his amended complaint that he was misclassified as an employee exempt from the overtime compensation laws and, as a result, was denied overtime pay and meal and rest breaks, Combs asserted three causes of action against both Skyriver and Tayebi (together defendants) for (1) violation of Labor Code sections 510 and 1194 and applicable Industrial Welfare Commission (IWC) wage orders; (2) violation of the unfair competition law (the UCL) (Bus. & Prof. Code, § 17200 et seq.); and (3) penalties under the Labor Code Private Attorneys General Act of 2004 (the PAGA) (§ 2698 et seq.). Combs sought to hold Tayebi liable on the theory Tayebi was Skyriver’s alter ego.

The court granted summary judgment in favor of Tayebi,…