Category Archives: CLASS ACTION (Wage & Hour) Attorney San Diego

San Diego CLASS ACTION (Wage & Hour) Attorney

 

San Diego CLASS ACTION (Wage & Hour) Attorney by Hogue & Belong Law

CaseRivera, et al. v. Grand Pacific Resort Services, L.P. (Case No. 37-2012-37-2012-00086103-CU-OE-CTL)

Court: Superior Court of San Diego

Judges: Joel E. Pressman

Date: January 17, 2017

Recovery: Total settlement of $1,686,000 in favor of approximately 1,200 housekeepers.

Facts and Allegations

Defendant Grand Pacific Resorts Services, L.P. (“Hotels”) is the parent company of approximately 19 resorts and hotels throughout California, with its headquarters in Carlsbad.

San Diego CLASS ACTION (Wage & Hour) Attorney When occupancy rates would go up, the more cleaning staff was needed.  Instead of employing more part-time employees, the Hotels would use “staffing agencies” to fill the positions when the work required.  But, aside from paying them, the staffing agencies had no involvement in the day-to-day operations of the housekeepers.  And, when the Hotels changed staffing agencies in order to get a better price, it would still use same housekeepers.

The staffing agencies, nor the Hotels were paying these housekeepers for, among other things, premium pay for late or missed meal periods, and overtime worked.  Plaintiffs claimed that the Hotel was the joint employer of those housekeepers staffed by third parties, and was required to follow California law.

The parties settled pre-certification. learn more


San Diego CLASS ACTION (Wage & Hour) Attorneys

 

San Diego CLASS ACTION (Wage & Hour) Attorneys by Hogue & Belong Law

Case: Miceli v. Doe Coffee (Case No. BC557239)

Court: Superior Court of Los Angeles

Judges: Honorable Amy D. Hogue; Honorable Maren E. Nelson

Date: May 31, 2017

Recovery: Hogue & Belong obtained a settlement of $2,375,000 against Doe Coffee.

Facts and Allegations

San Diego CLASS ACTION (Wage & Hour) AttorneysDefendant Doe Coffee company has locations in several states and about 10,000 hourly employees in the State of California.  This Coffee company had an illegal meal break waiver.  California law requires that an employer provide and authorize each employee one 30-minute meal no later than the end of the fifth hour of work.  The meal period can be waived so long as (1) the employee works no more than 6 hours, and (2) there is mutual consent by the employer and the employee.   To save on labor costs, Coffee company scheduled its employees for 6 hour shifts, and automatically waived its employees’ entitlement to a meal break, not giving the employee a say in the matter.   If the employer violates the meal period laws, then the employer owes one hour at your hourly rate as a penalty.

Hogue & Belong and their co-counsel were able to obtain compensation on behalf of all hourly coffee workers for this illegal meal break waiver. learn more


San Diego CLASS ACTION (Wage & Hour) Lawyers

 

San Diego CLASS ACTION (Wage & Hour) Lawyers by Hogue & Belong Law

Case: John and Jane Does 1 through 6 v. Global Wireless Mobile Telephone Service Provider (Case No. 37-2010-37-2012-00076945-CU-OE-SC). San Diego CLASS ACTION (Wage & Hour) Lawyers

Court: Superior Court of San Diego

Judges: Steven R. Denton; Randa Trapp

Date: May 5, 2015

Recovery: Hogue & Belong obtained a settlement of $2,750,000 against Defendant Mobile Service Provider for the class members.  

Facts and Allegations

Defendant Mobile Service Provider is one of the world’s s largest providers of mobile telephone service and products.  It employs tens of thousands of employees worldwide, of which several thousand are California based retail employees. 

San Diego CLASS ACTION (Wage & Hour) LawyersThese retail employees make hourly wages.  In addition to their hourly rate, they also earn commissions on various products and services they sell.  Plaintiffs alleged that retail employees were constantly being underpaid commissions due to an incorrect computer algorithm.  This computer glitch caused each employee to be underpaid up to hundreds of dollars per month.  The failure to pay for all commissions owed is a violation of several California statutes. 

Hogue & Belong and their co-counsel were able to obtain a significant payout to the class members.  learn more


CLASS ACTION San Diego Wage & Hour Attorney

 

CLASS ACTION San Diego Wage & Hour Attorney by Hogue & Belong Law

Case: Jane Does 1 through 5 v. Roe Hospital (Case No. 37-2010-00096421-CU-OE-CTL)

Court: Superior Court of San Diego

Judges: Steven R. Denton, Joel R. Wohfiel

Date: November 26, 2014

Recovery: Hogue & Belong obtained a settlement of $2,900,000 against Roe Hospital for the class members.

Facts and Allegations

Roe Hospital is the biggest hospital in San Diego County. It is one of the largest employers in San Diego. It employs approximately 18,000 at any given time.

The court certified plaintiffs’ time rounding claims. Plaintiffs’ alleged the rounding was unlawful because it was rounding to the nearest quarter hour and not compensating hourly employees for all of their work. For instance, if you clocked in at 7:57 am and clock out at 5:06 pm, Roe Hospitals time recording system would actually round the start time up to 8:00 am and would round the end time down to 5:00 pm, thus, the hourly employee would lose 9 minutes of time worked. Roe Hospital claimed their rounding system was lawful because some hourly employees gained time; thus, it all evened out.

Plaintiff also claimed that Roe Hospital was not factoring the benefits it provided to its hourly employees as part of the regular rate of pay, and, thus was calculating overtime incorrectly. Roe Hospital filed a motion for summary adjudication calling these benefits “perks” that were not required to be factored into the regular rate of pay for purposes of calculating overtime. The court denied Roe Hospital’s motion, and agreed with Plaintiffs that these benefits could not be disposed of as a matter of law.

Then, Plaintiffs certified a theory that Roe Hospital’s meal period policy did not allow its hourly employees a meal period within five hours.

Shortly thereafter, the case settled. learn more


CLASS ACTION (Wage & Hour) San Diego Superior Court

CLASS ACTION (Wage & Hour) San Diego Superior Court | Hogue & Belong Law

Case:  Nesbitt v. Access Nurses, Inc. (Case Nos. 37-2009-00090248-CU-OE-CTL.)

Court: San Diego Superior Court

Judge: Steven R. Denton

Date:   May 21, 2009

Result:  Quarterly payout extending over a 3 year period. 

Facts & Allegations

CLASS ACTION (Wage & Hour) San Diego Superior Court

The Law Office of Hogue | Belong – San Diego

Plaintiff, Jessica Nesbitt, was an employee of Access Nurses, Inc. who recruited traveling nurses.  Jessica Nesbitt, and about 200 other recruiters, were paid a salary and consistently worked more than 8 per day, and frequently missed meal periods.  These traveling nurse recruiters were supervised by a team of 3 people.  Access Nurses did not compensate its recruiters for overtime worked, or for lunch periods they missed.

Jessica Nesbitt, on behalf of herself and all other recruiters, sued Access Nurses and claimed that, based on their job duties, the recruiters were misclassified and were not exempt from the overtime and meal period laws.

Defendant denied all allegations, claiming that the class members were properly classified as “exempt” either under the salesperson exemption or the administrative exemption under the applicable IWC Wage Orders.

Plaintiff Attorney(s): Hogue & Belong learn more

Defense Attorney(s): King & Ballow


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