Companies are facing increasing numbers of wage and hour lawsuits including actions pursuant to the Fair Labor Standards Act (FLSA), as well state wage and hour claims, which can include those by independent contractors who allege that they are employees.

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Overview

Experience

Adolf v. Les Schwab Tire Centers, Inc.

Superior Court of California, County of Butte
Defended a wage and hour case related to meals and rest periods. Private Attorneys General Act (PAGA) claim was dismissed on summary judgment. Class certification was denied; settled with individual named plaintiff.

Becerra, et al. v. The McClatchy Company, et al.

Superior Court of California, County of Fresno
Defense of putative wage and hour class action involving alleged class of independent contractor delivery service providers.

Boykin v. The Boeing Company

U.S. District Court for the Western District of Washington
Defense of wage-and-hour class action with 20,000 class members. Summary judgment granted on all claims; affirmed, 128 F.3d 1279.

Brechler v. Qwest Communications International, Inc. et al.

U.S. District Court for the District of Arizona
Defense of class wage-and-hour claims brought against Qwest regarding alleged off-the-clock work during breaks and while logging on and off of computer.

Burch v. Qwest Communications International, Inc. et. al

U.S. District Court for the District of Minnesota
Defense of wage and hour claims regarding alleged off-the-clock work during breaks and while logging on and off of computer. Settlement reached.

Camacho v. Smart & Final, Inc.

Superior Court of California, County of Los Angeles
Represented Smart & Final Inc. in a wage-and-hour case in which a class of retail managers and assistant managers in California brought claims for overtime based on alleged misclassification of exempt and nonexempt employees. Planned and implemented a strategy to collect defensive declarations adverse to the class claims, then successfully marshaled these to negotiate a favorable settlement.

Gerard v. Les Schwab Tire Centers, Inc.

Superior Court of California, County of Sacramento
Defense of putative class claims alleging violations of California state wage and hour laws. Class certification of claim of alleged misclassification of store managers denied.

George v. United Parcel Service, Inc.

Superior Court of California, County of Sacramento
Defense of putative class claims alleging violations of California state wage and hour laws. Class certification of claim of alleged misclassification of store managers denied.

Ginsburg, et al. v. Comcast

U.S. District Court for the Western District of Washington
Defense of putative wage and hour class action involving alleged class of call center employees. Class certification denied; settlement reached with individual named plaintiffs.

Loosier v. The Boeing Company, et al.

Superior Court of Washington, King County
Represent Boeing in defense of class action lawsuit alleging violation of Washington wage and hour laws in connection with "prep time" or "show-up" time for help desk and call center employees and contract labor personnel.

Lucke, et al. v. Comcast

Superior Court of Washington, King County
Defense of putative wage and hour class action involving alleged class of service technician employees. No motion for class certification filed.

Minter v. OfficeMax

U.S. District Court for the Central District of California
Defense of putative wage and hour class action and PAGA case filed in federal court in California related to meals and rest periods. Class certification denied.

Olivas v. Smart & Final, Inc.

Superior Court of California, County of Orange
Represented Smart & Final in California class action (with multiple subclasses) brought against employer-client alleging a myriad of wage and hour claims (including those pertaining to meal and rest period violations and so-called "off-the-clock" work), and seeking in excess of $100 million in purported damages and penalties. After filing multiple motions for summary adjudication, case was settled on terms favorable to the company.

Owens, et al. v. Local No. 169, Association of Western Pulp and Paper Workers v. ITT Rayonier Inc.

U.S. District Court for the Western District of Washington
Defense of class action relating to compensability of "on call" time for overtime purposes. Summary judgement granted on all claims. 971 F.2d 347 (9th Cir.)

Salgado, et al. v. MediaNews Group, Inc. et al.

Superior Court of California, County of Los Angeles
Won class-wide summary judgment finding independent contractor status for all class members. Trial court denied certification on the wage and hour Labor Code claims, resulting in limited claims for expense reimbursement, record keeping, and unfair business practices section 17200, on which final judgment was entered for defendants.

Sawin, et al. v. The McClatchy Company, et al.

Superior Court of California, County of Sacramento
Defense of wage and hour class action involving class of independent contractor delivery service providers.

Sotelo, et al. v. MediaNews Group, Inc. et al.

Superior Court of California, Alameda County
Trial court denied class certification involving wage-and-hour related claims of newspaper carriers who claimed that they were “misclassified” as independent contractors. Trial court’s decision was affirmed on appeal. Resolved through a favorable settlement.

Rogers v. Les Schwab Tire Centers, Inc.

Superior Court of California, County of Sacramento
Defense of putative wage and hour case involving alleged misclassification of assistant managers filed in state court in California. Class cert denied; settlement with individual named plaintiff.

Watkins v. United Parcel Service, Inc.

Superior Court of Washington, King County
Defense of wage and hour class action. Settled favorably following certification.

Wage/Hour Advice & Litigation

Obtained favorable settlement in a wage-and-hour class action alleging failure to pay hourly and separately for rest periods and on-duty meal periods; failure to pay overtime; failure to issue accurate itemized wage statements; failure to pay all wages due at established pay periods; failure to pay all wages on termination; and willful refusal to pay wages.

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