Daisy Vazquez, an individual, and on behalf of all others similarly situated; Bryan Joseph, an individual, and on behalf of all others similarly situated v. TWC Administration LLC, Time Warner Cable Inc., Time Warner NY Cable LLC, and Does 1 through 50, inclusive
Published: Jun. 6, 2015 | Result Date: May 4, 2015 | Filing Date: Jan. 1, 1900 |Case number: 2:14-cv-07621-CAS-FFM Summary Judgment – Defense
Court
USDC Central
Attorneys
Plaintiff
Paul K. Haines
(Haines Law Group APC)
Donald C. Potter
(Law Office of Donald C. Potter)
Fletcher W.H. Schmidt
(Haines Law Group APC)
Defendant
Jeffrey N. Williams
(Wargo & French LLP)
Joseph S. Carr
(Kabat, Chapman & Ozmer LLP)
Facts
Daisy Vasquez and Bryan Joseph filed a putative wage and hour class action against TWC Administration LLC, Time Warner Cable Inc., and Time Warner Cable NY LLC (together, TWC).
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs worked for defendants in Los Angeles as non-exempt employees. Plaintiffs accused defendants of miscalculating the regular rate of pay, which affected the calculation of overtime pay. As a result, plaintiffs were not paid for all wages due.
Plaintiffs asserted claims for failure to pay wages in violation of the California Labor Code, failure to pay wages in violation of the federal Fair Labor Standards Act, failure to provide accurate itemized statements in violation of the Labor Code, waiting time penalties under the Labor Code, unfair competition in violation of California Business & Professions Code, and penalties pursuant to the Labor Code.
DEFENDANTS' CONTENTIONS:
Defendants moved to dismiss the complaint, asserting, among other things, that plaintiffs' lacked standing.
Result
The court rejected each of plaintiffs' three theories on liability. Accordingly, the court granted TWC's summary judgment motion and dismissed the action.
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