Jong

Jong v. Kaiser Foundation Health Plan, Inc.

Good Law
171 Cal. Rptr. 3d 874·2014 Cal. App. LEXIS 436·226 Cal. App. 4th 391·2014 WL 2094270·22 Wage & Hour Cas.2d (BNA) 1723
Court of Appeal of CaliforniaMay 20, 2014A138725California3,327 words

Opinion

Opinion

Pollak, J.

Plaintiff Henry Jong appeals from a summary judgment entered against him in his action for unpaid overtime for alleged “off-the-clock” work as an hourly “Outpatient Pharmacy Manager” (OPM) for Kaiser Foundation Health Plan, Inc., and Kaiser Foundation Hospitals (collectively, Kaiser). He contends the trial court erroneously held his proffered evidence insufficient to create a triable issue as to whether Kaiser had actual or constructive knowledge that he was working hours in addition to those that he reported. We shall affirm the trial court’s judgment.

Background

Jong and two other former OPMs brought a putative class action against Kaiser alleging numerous wage and hour violations, including, as relevant to this appeal, a' cause of action for the alleged failure to pay overtime compensation for hours worked off the clock. Jong and each of the other two plaintiffs were employed by Kaiser as OPMs at different Kaiser pharmacies in California. On various dates between January 2005 and October 2010, Jong worked as a manager at three different pharmacies. Because defendants’ motion for summary judgment was granted only as to Jong, we focus primarily on the facts pertinent…

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