Wage Law

A defense judgment in a case brought by employees against their former employer after the conclusion of Labor Commissioner proceedings has been reversed in part and affirmed in part. Contrary to the trial court's determinations, civil claims other than wage and hour claims, such as causes of action alleging fraudulent inducement to enter employment, are not precluded by the prior pursuit of wage claims in an administrative forum before the Labor Commissioner pursuant to Labor Code §§ 98 et seq. Noble v. Draper (2008) __ Cal.App.4th __. In an unpublished portion of the opinion, the Court of Appeal held that, to the extent that an employee's claims rely upon the finding of an employer/employee relationship, an undisturbed Labor Commissioner’s ruling that the plaintiff was not an employee can preclude them. Section II-B has been ordered not to be published. The rest of the opinion is published. You can download the opinion in Noble v. Draper here in pdf or word format.