Case details

Company claimed employee entitled to no additional pay

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
FACTS
In November 2006, plaintiff Michael Szablicki was hired as an information technology engineer by Herbalife. His employment with Herbalife ultimately ended in February 2009. He claimed that during his roughly two years at the company, he did not receive some overtime, meal-period and rest-period wages. Szablicki sued Herbalife International of America Inc. and Herbalife International Ltd. He alleged that the defendants’ failure to pay overtime, meal-period and rest-period wages constituted violations of the California Labor Code. Szablicki claimed he was not fully compensated during his time with the company. He claimed that during his employment, he was required to work and be on-call for the benefit of Herbalife two weeks a month, every month, during his employment. Thus, he alleged that he was entitled to compensation for his stand-by time, for which he was required to be ready, willing and able to perform work and/or report to work at Herbalife during the two weeks he was on-call. Szablicki’s former coworkers testified that they and the plaintiff had to be able to respond to calls within 15 minutes and were required to return to work within 30 minutes, which greatly restricted their abilities to engage in personal activities. Defense counsel argued that Szablicki’s claims were without merit, as he was entitled to no additional pay and was always given the opportunity to take meal and rest period breaks during the course of his employment., Szablicki sought an unspecified amount in total economic damages, according to proof, for unpaid overtime, meal-period and rest-period wages, as well as for waiting time penalties. He also presented a check from Herbalife paying him for meal break violations, which he claimed was sent to him two weeks before trial.
COURT
Superior Court of Los Angeles County, Central, CA

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