Aleksick

Aleksick v. 7-Eleven, Inc.

Good Law
140 Cal. Rptr. 3d 796·2012 Cal. App. LEXIS 539·205 Cal. App. 4th 1176·2012 WL 1589017
Court of Appeal of CaliforniaMay 8, 2012No. D059236California5,902 words

Opinion

Lead Opinion

McConnell, J.

*1180 Opinion

Plaintiff Kimberly Aleksick, individually and on behalf of a class of those similarly situated, appeals a judgment following an order granting defendant 7-Eleven, Inc.’s (7-Eleven) motion for summary judgment. 7-Eleven provides payroll services to its franchisees. Aleksick contends reversal is required because 7-Eleven’s payroll system violates both the “unlawful” and “unfair” prongs of Business and Professions Code section 17200. 1 Specifically, she asserts that 7-Eleven’s practice of converting any partial hour worked in a pay period from minutes to hundredths of an hour sometimes shorts employees of a few seconds of time, and commensurate pay, and thus violates Labor Code wage statutes. She focuses on the following elementary example: 20 minutes is one-third of an hour, and at an hourly rate of $12, pay should be $4. When 7-Eleven converts the 20 minutes to 0.33, however, and multiplies that figure by $12, pay is $3.96. Aleksick challenges 7-Eleven’s practice of ignoring numbers more than two places from the decimal point.

We affirm the judgment. Aleksick’s complaint does not allege any statutory predicate for her unfair competition law (UCL) claim of…

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