Facts

Plaintiff Jeannette S. Clark worked for Dana Woody and Associates Inc. as a vocational counselor. Dana Woody Brewer is the owner of Dana Woody & Associates Inc. During plaintiff's employment, Dana Woody & Associates paid her a percentage based on the number of hours she billed each month. Plaintiff alleged it did not pay her for unbilled hours worked or at the overtime rate if overtime was worked.

Prior to trial, the court had already determined as part of a motion for summary adjudication that plaintiff was a non-exempt employee.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that she did not receive overtime wages or pay for work performed that was non-billable. At the end of her employment, plaintiff contended that she did not receive all her wages. Plaintiff also claimed that Dana Woody & Associates and Dana Brewer withdrew money from her paychecks for deposits into a 401K account but never timely deposited the money and that there were violations associated with payment of healthcare.

Result

The jury found in favor of plaintiff and awarded $103,569 plus interest, fees and costs. The jury returned a verdict as to the number of hours plaintiff worked per day and the court calculated the overtime pay and penalties. The court also found violations of ERISA in connection with the 401K plan.

Other Information

A separate trial will be scheduled on the issue of alter ego, according to plaintiff. FILING DATE: Dec. 30, 2009.