Facts

Plaintiff Humberto Cabello was employed with BLH Construction Co. from 2005 through 2007, initially as a member of a grading crew and then as a laborer on the concrete crew. Plaintiff filed suit for wages owed and related penalties.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that BLH failed to pay him his wages on both non-prevailing wage and prevailing wage jobs. Plaintiff also asserted BLH failed to compensate him for time spent traveling to and from job sites, failed to compensate him for overtime, and failed to provide him meal breaks.

DEFENDANT'S CONTENTIONS:
BLH Construction Co. contended that at the time plaintiff commenced employment with BLH, he entered into an employment agreement and received all compensation under the terms of the agreement.

BLH further contended that during the duration of the agreement, plaintiff was paid significantly more than had the agreement not been existence. As a result, BLH asserted that plaintiff, as well as all employees at the time, were paid well above minimum wage and/or the prevailing wage.

Additionally, BLH did not require its employees to travel in a company owned vehicle to and from job sites, and as such did not owe compensation for such travel. BLH also contended that plaintiff lied about his age to gain employment with BLH, presenting forged government documents that falsely indicated he was the age of majority.

Result

After five days of trial, the jury returned a special verdict in favor of BLH Construction.

Other Information

Plaintiff's motion for a new trial was denied. Defendant's motion for $125,000 in fees was denied.

Deliberation

three hours

Poll

10-2 (defense in favor of BLH Construction)

Length

five days