Thomas E. Perez v. Seafood Peddler of San Rafael Inc., Alphonse Silvestri, Richard Mayfield, Fidel Chacon,
Published: Dec. 20, 2014 | Result Date: Sep. 12, 2014 | Filing Date: Jan. 1, 1900 |Case number: 3:12-cv-00116-WHO Verdict – $185,755
Court
USDC Northern
Attorneys
Plaintiff
Jessica M. Flores
(U.S. Dept. of Labor)
Rose Darling
(Office of the San Francisco City Attorney)
Defendant
Mattaniah Eytan
(Law Offices of Mattaniah Eytan)
Facts
Thomas Perez sued Seafood Peddler of San Rafael Inc., Alphonse Silvestri, Richard Mayfield, and Fidel Chacon, in connection with his employment with the company.
Contentions
PLAINTIFFS CONTENTIONS:
Plaintiff alleged that Seafood Peddler and the other defendants failed to pay kitchen employees, including him, overtime compensation for the hours they worked over 40 hours per week. Plaintiff also alleged that defendants retaliated against him and other employees. In addition, plaintiff alleged that defendants failed to keep complete and accurate records of kitchen employees' hours and wages. Plaintiff also alleged that defendant Mayfield was an employer under the Fair Labor and Standards Act, and should be liable for the unpaid overtime, retaliation, and record keeping claims.
DEFENDANTS' CONTENTIONS:
Defendants denied the allegations.
Result
The jury rendered a verdict against Seafood Peddler. The jury then awarded certain employees back wages, $14,462 for Sergio Mejia, $7,500 for Alejandro Perez, $14,497 for Luis Sandoval, $13,000 for Esau Santos, $25,664 for Noel Viera, and $17,750 for Victor Viera. The employees were awarded an additional $92,872.25 as liquidated damages, pursuant to Section 16(c) of FLSA, 29 U.S.C. Section 216(c), for a total amount of $185,749.50. The jury also found that defendant retaliated against employees Amado Castillo, Hector Hernandez, Mejia, Sandoval, and Santos. It then awarded them $1 each in damages. The jury also determined that Seafood Peddler failed to keep complete and accurate records from Jan. 7, 2009 through Jan. 31, 2012. However, it did not find that defendant Mayfield to be an employer under FLSA.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390