Confidential
Bench Decision – $885,000Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Michael R. Feinberg
(Schwartz, Steinsapir, Dohrmann & Sommers)
Facts
The plaintiffs were Dennice Rousey and Rhonda Stalker, individually and on behalf of a class consisting of all field representatives who were jointly employed by the two union defendants between Oct. 2, 1998 and April 2004. The defendants were University Professional and Technical Employees (UPTE) CWA, Local 9119, and Communication Workers of America (CWA). The plaintiffs claimed that regularly worked over 40 hours per week and missed meal and rest periods without being properly compensated. The plaintiffs alleged the defendants wrongfully misclassified them as exempt from overtime. The defendants disputed liability and settled without admitting liability.
Damages
The plaintiffs claimed damages of $400,000 for unpaid overtime and missed meal and rest periods, plus wait time penalties. They also sought statutory attorney fees and costs.
Result
After a hearing, defendant UPTE was found in contempt of court due to alleged solicitation/intimidation of class members during the notice period. The case settled prior to the scheduled sentencing on the contempt finding and before defendant's deadline to appeal. The settlement resolved all claims, including the contempt finding, without any admission of liability.
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