Facts

Plaintiff Ruby Pineda was in her 60s when The Aletha Worrall Trust hired her to care for Aletha Worrall. Pineda began working in March 2003. Her contract specified a fixed monthly salary. She was terminated in December 2004. Pineda sued for regular and overtime pay for hours worked, which included sleeping time.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that she was not a "personal attendant," rather she was a "live-in general servant." As such she was entitled to overtime wages. She claimed that she was required to spend the night and that she literally ran the household. She contended she worked so many hours that the salary set in her contract amounted to less than minimum wage pay.

DEFENDANT'S CONTENTIONS:
Defendant contended that plaintiff was an exempt personal attendant pursuant to the Industrial Wage Order No. 15, and thus, excluded from overtime payment. Defendant claimed plaintiff was not required to spend the night.

Settlement Discussions

Plaintiff demanded $25,000 and later, $100,000. Defendant initially offered $2,500 then altered to $75,000.

Damages

Plaintiff sought regular pay and overtime compensation, plus attorney fees.

Result

The court found that plaintiff was a nonexempt live-in employee and awarded $60,747.96; $42,637.82 for unpaid wages and $18,109.14 prejudgment interest. Additionally, plaintiff received post-judgment interest on the entire award at 10 percent annually, plus attorneys' fees and costs.