Usher v. WhiteAnnotate this Case
Plaintiffs Jackie Usher and Eric Leung, on behalf of themselves and all others similarly situated (sometimes collectively, plaintiffs), appealed a judgment in favor of defendant Shirley White (Shirley). In 2014, plaintiffs brought a putative wage-and-hour class action lawsuit against defendants White Communications, LLC (White Communications or the company) and DirecTV, LLC (DirecTV). Under California Labor Code section 558.1, a “natural person who is an owner, director, officer, or managing agent” of an employer may be personally liable if that person, on behalf of the employer, “violates, or causes to be violated” certain wage and hour laws as provided in the statute. The court granted summary judgment for defendant, concluding as a matter of law she was not liable under section 558.1 because it found undisputed evidence that she did not participate in the determination to classify plaintiffs as independent contractors. The court therefore held defendant did not “cause” any violation of the enumerated sections of the Labor Code, as set forth in section 558.1 and in plaintiffs’ operative complaint. The Court of Appeal concurred with the trial court’s analysis and affirmed its judgment.