
Select Results
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Q:Arbitration Victories
A:
Cummings v. Chevron Corp, (JAMS, San Francisco) (Finding that Chevron misclassified Mr. Cummings, an oilfield worker, as an independent contractor and exempt from overtime, and awarding $284,270.15 in damages plus $227,263.80 in attorneys' fees and costs); Roper v. Federal National Mortgage Association (N.D.Ga.) (Confirming an award of $15,377.20 to Mr. Roper, an underwriter who was misclassified as exempt from overtime, as well as an award of $128,022.72 in attorneys’ fees and costs); Rhodes v. CashCall, Inc. (JAMS, Orange County) (Finding that CashCall misclassified Mr. Rhodes, a loan processor, as exempt from overtime, and awarding $30,000 in damages and $88,179 in attorneys’ fees and costs); Garcia v. CashCall, Inc. (JAMS, Orange County) (Finding that CashCall misclassified Mr. Garcia, a mortgage underwriter, as exempt from overtime, and awarding $20,000 in damages and $98,709 in attorneys’ fees and costs); Good v. CashCall, Inc. (JAMS, Orange County) (Finding that CashCall misclassified Ms. Good, a lead mortgage underwriter, as exempt from overtime, and awarding $43,631 in unpaid overtime and $50,627.49 in attorneys’ fees and costs); Green v. CashCall, Inc. (JAMS, Orange County) (finding that CashCall misclassified Ms. Green, a loan processor, as exempt from overtime, and awarding $15,067.72 in damages and $54,165.50 in attorneys’ fees and costs).
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Q:Orders Compelling Defendants to Individual Arbitration
A:
Aguilera v. Prospect Mortgage, LLC, 2013 WL 4779179 (C.D. Cal. 2013) (Ordering Defendant to individual arbitration in compliance with its own arbitration agreement, and finding that claimants did not waive their right to arbitrate by first participating in a collective action which was later decertified); Aldrich v. Prospect Mortgage, LLC, 2013 WL 5506676 (N.D. Cal. 2013) (same).
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Q:Wage and Hour Class and Collective Certification
A:
Ganci v. MBF Inspection Services, Inc., 323 F.R.D. 249 (S.D. Ohio Oct 27, 2017) (certifying Rule 23 class of pipeline inspectors classified as exempt from overtime); Cervantez v. Celestica Corp., 253 F.R.D. 562 (C.D. Cal. 2008) (certifying Rule 23 class of manufacturing workers for unpaid time spent in employer’s security lines); Villarreal v. Caremark LLC, 2014 WL 7184014 (D. Ariz. 2014) (granting conditional certification under the FLSA); Goodwin v. Citywide Home Loans, Inc., 2014 WL 7174223 (C.D. Cal. 2014) (same); Williams v. U.S. Bank Nat. Ass'n, 2013 WL 3119055 (E.D. Cal. June 20, 2013) (same); Bollinger v. Residential Capital, LLC, 761 F. Supp. 2d 1114, 1115 (W.D. Wash. 2011) (granting conditional certification under the FLSA); Gee v. Suntrust Mortg., Inc., 2011 WL 722111 (N.D. Cal. Feb. 18, 2011) (same); Lindberg v. UHS of Lakeside, LLC, 761 F. Supp. 2d 752 (W.D. Tenn. 2011) (same); Gil v. Solectron Corp., 2009 WL 88346 (N.D. Cal. 2009) (same); Misra v. Decision One Mortg. Co., LLC, 673 F. Supp. 2d 987 (C.D. Cal. 2008) (same); Wong v. HSBC Mortgage Corp. (USA), 2008 WL 753889 (N.D. Cal. 2008).
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Q:Employer Liability For Wages
A:
Ray v. Cty. of Los Angeles, 935 F.3d 703 (9th Cir. 2019) (holding that the County of Los Angeles does not enjoy sovereign immunity from suit for unpaid wages under federal law); Cervantez v. Celestica Corp., 618 F. Supp. 2d 1208 (C.D. Cal. 2009) (finding that a manufacturing company was an employer under California law of temporary employees employed in its facility).
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Q:FLSA Exemption Defenses
A:
McKeen-Chaplin v. Provident Savings Bank, FSB, 862 F.3d 847 (9th Cir. 2017) (finding that mortgage underwriters do not fit within the administrative exemption and are therefore non-exempt employees entitled to overtime); Bollinger v. Residential Capital, LLC, 863 F. Supp. 2d 1041 (W.D. Wash. 2012) (granting plaintiffs’ motion for summary judgment on the administrative exemption and the good faith defense); Wong v. HSBC Mortgage Corporation, et al., 2010 WL 3833661 (N.D. Cal., 2010) (September 29, 2010) (granting plaintiffs’ motion for summary judgment on the administrative exemption, retail sales, and services exemption, and professional exemption).