Ser Lao v. H&M Hennes & Mauritz, L.P.

1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 SAN JOSE DIVISION 4

SER LAO,

5 Case No. 5:16-cv-00333-EJD Plaintiff, 6 ORDER DENYING MOTION FOR v. PARTIAL SUMMARY JUDGMENT; 7 DENYING CROSS MOTION FOR

H&M HENNES & MAURITZ, L.P., PARTIAL SUMMARY JUDGMENT

8 Defendant. Re: Dkt. Nos. 112, 113 9

10 This matter is a wage and hour class action against the clothing retailer H&M Hennes & 11 Mauritz, L.P. (“H&M”) wherein Plaintiff, a former employee of H&M, contends that H&M 12 violated various state laws by (1) requiring employees to undergo an off-the-clock security check 13 before leaving their stores and (2) paying final wages to separated employees with Money 14 Network ATM cards without first obtaining the employees’ consent. Plaintiff’s claims are based 15 on California law. Both parties have moved for partial summary judgment on liability over the 16 security check policy. Plaintiff’s second and third causes of action are…