SETTLEMENTS AND VERDICTS
- Barlow v. Pacific Eagle Security International: $900,000.00
- Boncore v. Four Points Hotel: $850,000.00
- Clark v. Michael’s: $4,300,000.00
- Morrison v. Design Line Interiors: $670,000.00
- Class Actions
- Individual Employee Rights Cases
- Murphey v. Asset & Capital Management Company: Misclassification claim on behalf of debt collectors for failure to pay overtime.
On July 14, 2011, this employment lawsuit was filed in the Superior Court of California, County of San Diego, North County Division. According to the complaint, an integrated enterprise of debt collection companies in Southern California operating under the direction and control of Jim Phelps, Thai Han and Stewart Phillips intentionally misclassified debt collectors as independent contractors in order to avoid paying them overtime compensation. These debt collectors have the job titles of “dialer” and “collector”. The enterprise controlled the kind of work performed by the debt collectors and also how the work was to be performed. The enterprise also provided all supplies, tools and office space to debt collectors. The debt collectors were supervised closely by the enterprise and could be terminated at will. As a result, the debt collectors claim that they do not meet the test of independent contractor under California law and are entitled to overtime for all the hours they worked in excess of eight in a workday and forty in a workweek.
If you believe you worked as a debt collector for any company that may have been part of this integrated enterprise of debt collection services, your information may be critical to the prosecution of this case.
- Lessard v. Trinity Protection Services: This began as two separate cases. One was a putative class action to recover unpaid wages and statutory penalties; the other was a PAGA case for statutory penalties for pay violations.
Trinity Protection Services is a government contractor providing security guards for federal government installations and buildings in Stanislaus County and other adjacent and surrounding counties in California. On March 29, 2010, Trinity employees filed a PAGA action in the Superior Court of the State of California, for the County of San Joaquin to enforce and recover civil penalties. The aggrieved employees alleged Trinity violated Labor Code §204 because Trinity did not pay its non-exempt employees within the time allowed by law after each pay period ending.
On September 22, 2010, Trinity employees filed a class action complaint in the Superior Court of the State of California, for the County of Alameda, alleging that Trinity did not compensate them for all the time they spent attending mandatory training sessions and traveling to and from training sessions. The employees claim they are owed wages to compensate for the time they spent traveling to and from training sessions, wages for attendance at training sessions, and reimbursement gear and supplies required for training sessions.
These two cases are in the process of settlement.
- Gallagher v. Community Connection Resource Center: Unpaid wages, meal and rest period violations on behalf of employees working at a sober living facility.
This class action lawsuit was filed on November 10, 2005. Community Connection Resource Center provided housing and sober-living services including counseling and supervision to recovering drug and alcohol addicts. Employees alleged they were not paid during mandatory meetings and were not allowed meal and/or rest periods during shifts when they were on duty alone, particularly at night. This case has settled.
INDIVIDUAL EMPLOYEE RIGHTS CASES:
- Pierson v. Image In-Store Marketing: This wage and hour case based on misclassification was filed on June 6, 2011. The employee alleged she was misclassified as an independent contractor and was owed overtime and other penalties. The case has been resolved.
- Kane v. Dr.’s Own, Inc.: This is an individual sexual harassment and pregnancy discrimination case. The case was filed on April, 28, 2010 and has been resolved.
- Salinas v. Cornerstone CNC Machining, Inc.: This is an individual discrimination and harassment case based on Native American heritage. The case was filed on April 13, 2010 and has been resolved.
- Devrome v. The Loftin Firm: This individual wage and hour case based on misclassification was filed on December 10, 2009. Plaintiff alleged she was misclassified as an exempt employee based on the professional exemption. The case has been resolved
S. Ward Heinrichs, Esq.
Employment Law Office of Ward Heinrichs
4565 Ruffner Street, Suite 207
San Diego, CA 92111
(858) 408-7543 (fax)