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Employment Law
Wage and Hour
Unfair Competition

Julian Hollins v. Nabors Completion & Production Services Co. n/k/a C&J Well Services Inc.

Published: Jul. 28, 2023 | Result Date: Mar. 22, 2023 |

Case number: 2:22-cv-03278-DDP-JPRx Bench Decision –  $177,755

Judge

Dean D. Pregerson

Court

CD CA


Attorneys

Plaintiff

Richard E. Donahoo
(Donahoo & Associates PC)

Sarah L. Kokonas
(Donahoo & Associates PC)


Defendant

Marco A. Pulido
(Haynes & Boone LLP)

Matthew E. Costello
(Haynes & Boone LLP)


Facts

Julian Hollins performed oil well plug and abandonment work for Nabors Completion & Production (Nabors) in the Port of Long Beach as part of a larger project to replace the Gerald Desmond Bridge. On April 2, 2015, former Nabors employees who performed similar work on the project brought a putative class action against Nabors for Labor Code violations. Nabors removed the action to the District Court and filed a motion to compel arbitration. On March 30, 2018, Hollins submitted a Demand for Arbitration to JAMS. On April 5, 2021, the arbitrator granted Hollin's motion, ruling of the issues of Nabors liability. On May 9, 2022, the arbitrator issued a Final Arbitration Award.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff alleged that defendant failed to pay prevailing wages and provide accurate itemized wage statements to its California employees. Further, plaintiff contended that defendant engaged in unfair competition in violation of the California Business & Professions Code and committed waiting time penalties.

DEFENDANT'S CONTENTIONS: Defendant alleged that the arbitrator erred by rejecting the Labor Commission's decision that its work was not within the jurisdiction of California Public Work Law and awarding plaintiff prevailing wages despite no prevailing wages being applicable for oil field work.

Result

The court granted Hollins' petition to confirm the arbitration award and entered judgment in favor of Hollins in the amount of $177,754.69, plus continuing interest after November 18, 2021, at 10% annum until paid, $1,850 in statutory penalties, $197,795.25 in attorneys' fees, and $2,750 in costs.


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