Facts

In late Oct. 2007 and early 2008, plaintiffs Tarcisio Vega, Carmen Cortez, Errick Porras, Robert Matamoros, and Edwin Perez were employed by SEIU Local 87 under its president, Julio Solarzano. Vega, Cortez, and Porras worked as business representatives. Matamoros worked as an office assistant, and Perez worked as a custodian. All were removed from their positions by April 2008, when Solarzano resigned from the union presidency.

PLAINTIFF'S CONTENTIONS:
Plaintiffs claimed they were entitled to overtime pay and pay for meal and rest breaks. Additionally, all plaintiffs claimed they were due payment for regular wages.

DEFENDANT'S CONTENTIONS:
Defendant contended that Vega, Cortez, and Porras were exempt employees not entitled to overtime pay or rest and meal breaks. Defendant also contended that each plaintiff was properly removed from his or her position and was paid all monies due.

Damages

Cortez claimed damages of $24,278. Vega claimed $23,391. Perez claimed $54,279. Matamoros claimed $19,435.

Result

Judgment for defendant on all claims by five plaintiffs.

Other Information

The court concluded that the three business agent plaintiffs were exempt employees. It further found that the union had not prevented any of the plaintiffs from taking rest or meal breaks. It found that the defendant paid each plaintiff all monies due and that the plaintiffs were properly terminated from their positions. It also concluded that Julio Solarzano violated his fiduciary duties to Local 87 and was responsible for any damages awarded to the plaintiffs. Porras did not appear for trial, and judgment was entered against him. The court ruled that SEIU Local 87 would recover its costs and could seek attorney fees.