Facts

Seven plaintiffs were managers from 2001 to 2005 at defendant Nation's Foodservice, which operates restaurants in the greater Bay Area.

PLAINTIFFS' CONTENTIONS:
The plaintiffs were called managers although they spent more than half of their time in non-managerial, non-exempt duties. The defendant thus avoided paying overtime wages and providing the necessary meal and break periods. The defendant also failed to keep accurate and contemporaneous time records as mandated by state law.

DEFENDANT'S CONTENTIONS:
The defendant contended that plaintiffs were managers and therefore came under the executive exemption from wage and hour laws.

Result

$400,637 awarded to six plaintiffs (overtime compensation for $315,811; meal/break penalties for $66,274; record-keeping penalties for $18,550). Nation's Foodservice won against Mary Molinaro; the court ruled that "Nation's has met its burden of demonstrating that Mary Molinaro is within the executive exemption." Judgment will be entered accordingly.

Other Information

The plaintiffs' motion for prejudgment interest ($156,884), costs ($28,400) and attorneys fees ($450,000) for an additional award of $635,204 is currently pending.