Gerald Avila v. Turlock Irrigation District
Published: Feb. 2, 2008 | Result Date: Aug. 29, 2007 | Filing Date: Jan. 1, 1900 |Case number: 06CV00050(OWW) Settlement – $215,000
Court
USDC Eastern
Attorneys
Plaintiff
Mark A. Ozzello
(Capstone Law APC)
Mikael H. Stahle
(Matern Law Group PC)
Defendant
Facts
Plaintiffs Gerald Avila and Tom Souza worked for defendant, the Turlock Irrigation District, as Power Control Center Operators (PCCO). The defendant distributed water and electricity throughout Stanislaus County. The plaintiffs filed a class-action suit on behalf of themselves, other PCCO, and apprentice PCCO seeking unpaid overtime wages (13 total employees).
Contentions
PLAINTIFFS' CONTENTIONS:
The plaintiffs alleged that they regularly worked 12-hour shifts, for an average of 60 to 100 hours per week without receiving overtime compensation. The plaintiffs contended that defendant had improperly classified them as exempt employees in order to avoid payment of overtime wages and other benefits. They further argued that the "irrigation exemption" of 29 U.S.C. Section 213(b)(12) was inapplicable because defendant generated power in addition to distributing water throughout the county.
DEFENDANT'S CONTENTIONS:
The defendant claimed that the "irrigation exemption" applied.
Result
After the trial court denied defendant's motion for summary judgment and ordered a bifurcated trial to allow a jury to determine the application of the "irrigation exemption," the parties settled at a mediation on June 25, 2007 for $215,000.
Other Information
FILING DATE: Jan. 17, 2006.
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