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Employment Law
Wage and Hour
Waiting Time Penalties

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

Published: Nov. 10, 2023 | Result Date: Jul. 31, 2023 | Filing Date: Nov. 15, 2022 |

Case number: 2:22-cv-08340-DDP-JPRx Arbitration –  $386,925

Judge

Dean D. Pregerson

Court

CD CA


Attorneys

Plaintiff

Richard C. Donahoo
(Donahoo & Associates PC)

Richard E. Donahoo
(Donahoo & Associates PC)

Sarah L. Kokonas
(Donahoo & Associates PC)


Defendant

Matthew E. Costello
(Haynes & Boone LLP)

Tamara I. Devitt
(Haynes & Boone LLP)


Facts

Petitioner Duane Brown performed oil well plug and abandonment work for Respondent Nabors Completion and Production Services Co. in the Port of Long Beach, as part of a larger project to replace the Gerald Desmond Bridge. Former Nabors employees who performed similar work on the project filed a putative class action for Labor Code violations on behalf of themselves and similarly situated employees, including Brown. Nabors moved to compel arbitration. In 2018, Brown submitted a Demand for Arbitration to JAMS, asserting the following wage-and-hour violations: (1) failure to pay prevailing wages (Cal. Lab. Code §§ 1194, 1771, 1772, 1774 et seq.); (2) waiting time penalties (Cal. Lab. Code § 203); (3) failure to provide accurate itemized wage statements (Cal. Lab. Code § 226(a)); and (4) unfair competition (Cal. Bus. & Prof. Code § 17200). In 2022, the Arbitrator issued a Final Arbitration Award incorporating the interim award of $386,925.45 in damages and awarding $116,664.53 in attorneys' fees and $4,205.75 in costs. Brown moved to confirm the Final Arbitration Award and sought $9,971 in post-award attorneys' fees and $402 in costs.

Result

The courtgranted Brown's Petition to confirm the Arbitration Award. It entered judgment against Nabors in the amount of $386,925.45 in damages; $116,664.53 in attorneys' fees; $4,205.75 in costs; $7,857 for post-award attorneys' fees; and $402 post-award costs.


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