Employment – Wage & Hour, Class/Representative Actions

  • Obtained summary judgment in San Diego Superior Court in a class action alleging failure to pay minimum wages, failure to provide accurate itemized wage statements, failure to pay waiting time penalties, and related claims.
  • Successfully opposed plaintiff’s motion to certify class of 600 non-exempt employees’ claims for alleged rest period violations in San Diego County Superior Court, resulting in denial of class certification.
  • Forced dismissal of class and PAGA claims in Kings County Superior Court for individual resolution.
  • Obtained judgment on the pleadings as to all claims in PAGA action in San Joaquin County, with the exception of a Labor Code 2802 claim, then forced resolution of remaining claim on an individual basis.
  • Successfully moved to compel arbitration in San Bernardino County, dismiss class claims, and stay PAGA claims.
  • Prevailed at Labor Commissioner hearing in Stockton, securing a decision for the employer denying claims by former sales representative for unpaid wages (commissions) and waiting time penalties.
  • Obtained summary judgment in Riverside Superior Court on Private Attorney General Act (PAGA) complaint for alleged deficient wage statements based on Plaintiff’s failure to exhaust administrative remedies as required by PAGA, resulting in dismissal of case and seven-figure damages claims.
  • Obtained dismissal of class and representative PAGA claims in San Diego Superior Court involving meal period, rest break and overtime claims.
  • Prevailed on trial de novo in San Diego Superior Court after Labor Commissioner’s ruling on a wage claim for missed meal and rest periods, as well as failure to pay overtime.
  • Prevailed on demurrer in San Diego Superior Court eliminating all class allegations in a wage and hour class action for missed meal and rest periods.
  • Prevailed on motion for summary judgment in arbitration disposing of entire case, which consisted of 10 causes of action including wrongful termination, retaliation for taking a medical leave and reporting violations of wage and hour laws, disability and age-related discrimination, hostile work environment, and intentional infliction of emotional distress.