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Employment Law
Overtime Compensation
Failure to Pay

Frontier Transportation Inc. v. Gabriel Andrade, Jose Vasquez

Published: Aug. 27, 2005 | Result Date: Mar. 25, 2005 | Filing Date: Jan. 1, 1900 |

Case number: RCVRS082153 Bench Decision –  $68,068

Judge

Frederick A. Mandabach

Court

San Bernardino Superior


Attorneys

Plaintiff

James M. Gilbert
(Steckbauer Weinhart LLP)


Defendant

Yass McNeil
(Sotoodeh & Associates)


Facts

Plaintiffs/respondents Gabriel Andrade and Jose Vasquez worked as dispatchers for defendant/appellant Frontier Transportation Inc., a trucking company. They were paid a flat salary without any overtime compensation. They filed a wage claim with the Labor Commissioner for unpaid overtime, meal period penalties, and waiting-time penalties. They were awarded $56,837 in overtime wages. Frontier filed an appeal de novo with the Superior Court.

Settlement Discussions

Andrade and Vasquez demanded $100,000. Frontier offered $10,000.

Damages

Andrade and Vasquez claimed over $160,000 in unpaid overtime, meal period penalties, waiting-time penalties, plus interest.

Result

The Court awarded Andrade $24,485, plus interest, and Vasquez $28,033, plus interest, for unpaid overtime. No damages were awarded for meal period violations or waiting-time penalties. Pursuant to Labor Code Section 982(c), the respondents were entitled to an award of costs and reasonable attorney's fees. Total award: $68,068.


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