Facts

Plaintiff Hamid Kashani resigned from his two-year employment at defendant Hyundai Information Systems North America (HISNA) in July 2007. Kashani filed suit against HISNA, alleging 14 causes of action, including age, disability and nationality discrimination; wrongful termination; and unpaid wages for overtime as well as meal and rest periods. Before trial, the court dismissed all claims except for unpaid overtime, meal and rest periods.

There was evidence that HISNA had two other overtime claims sustained against them.

PLAINTIFF'S CONTENTIONS:
Kashani contended that he was performing non-exempt duties, even though he was classified as an exempt manager, and therefore he was owed overtime, meal and rest period pay. Kashani alleged that he spent the majority of his work time on manual labor, and only 33 percent of his time on non-exempt duties. He further contended that HISNA, a Korean company, flaunted American law. he contended that managers were not given any authority and were supervised by Korean Coordinators and that all decisions of any consequence were made from Korea.

DEFENDANT'S CONTENTIONS:
HISNA contended that Kashani was properly classified as an exempt manager, and not entitled to overtime pay. It additionally alleged that Kashani was clearly an exempt manager, with the title of manager, a salary and benefits of $100,000 annually, abilities to hire and fire, as well as performing primarily executive duties.

Settlement Discussions

Kashani tendered a CCP 998 offer to compromise for $170,000.

Damages

Kashani sought $145,000 for 549 days of overtime and $72,000 for 225 days of eithed missed meal or rest periods.

Result

The jury rendered a verdict for the defense. The case is currently on appeal.

Deliberation

45 minutes

Poll

10-2

Length

two weeks