Michael W. Cicero individually and on behalf of all others similarly situated v. DIRECTV Inc. dba DIRECTV Home Services
Published: Mar. 5, 2011 | Result Date: Jul. 7, 2010 | Filing Date: Jan. 1, 1900 |Case number: 5:07-cv-01182-AC-OP Settlement – $4,385,000
Court
USDC Central
Attorneys
Plaintiff
R. Duane Westrup
(Westrup & Associates)
Defendant
Jody A. Landry
(Littler Mendelson PC)
Denise M. Visconti
(Littler Mendelson PC)
Facts
Michael Cicero was employed as a satellite television installer with Ironwood Communications from December 2005 through May 2006, working out of its Anderson location.
Ironwood Communications was acquired by Mountain Center Inc., which was subsequently acquired by DIRECTV.
Contentions
PLAINTIFFS' CONTENTIONS:
Cicero filed a class action suit against Mountain Center Inc., which acquired Ironwood, alleging violations of California's Labor Code. Cicero contended that installers were paid at a rate based on the number of installations performed per hour, which did not include time spent driving to and from installations or for meal breaks mandated by the Labor Code. He alleged that, as a result, an installer's pay fell below the state minimum wage. Cicero further contended that the company gave less favorable assignments with longer drive times to installers who reported overtime hours.
DEFENDANT'S CONTENTIONS:
Mountain Center denied the allegations.
Damages
Cicero sought damages for back wages as well as punitive damages.
Result
The parties reached a settlement for $4,385,000.
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