Case details
Investigator claimed firm failed to pay for overtime and breaks
SUMMARY
$122732.26
Amount
Decision-Mixed
Result type
Not present
Ruling
KEYWORDS
FACTS
Since 2003, plaintiff Luis Heredia, a Peruvian, was an investigator with Fu-Gen Inc., an investigation firm that looks into transportation, worker’s compensation and background checks, among other services. Heredia claimed that he was misclassified as an independent contractor for the firm. He claimed that as a result, he was not paid for the overtime hours worked for the firm during his regular shift or for the overtime hours worked as an independent contractor. Heredia was ultimately terminated from his position on April 27, 2011. Heredia sued Fu-Gen Inc. and Marsha Brown, president of the firm and one of Heredia’s supervisors. Heredia alleged that Fu-Gen Inc., as his employer, failed to pay for overtime hours, and meal and rest breaks, in violation of the California Labor Code. Although Heredia claimed he was not paid for overtime and breaks during his entire time with the company, in accordance with the Labor Code, Heredia’s claim was limited to the time worked for Fu-Gen Inc. between 2007 and 2011. Heredia also claimed that Brown discriminated against him based on his national origin. At the beginning of a bench trial, Heredia dismissed with prejudice all of the discrimination, wrongful termination, and related claims against both Fu-Gen Inc. and Brown. Thus, the matter continued on the several alleged wage-and-hour claims against Fu-Gen Inc. only. Fu-Gen Inc. denied Heredia’s claims and claimed it appropriately paid Heredia for all the hours he worked., Heredia sought recovery of lost wages for the overtime hours he worked, and for his meal and rest breaks.
COURT
Superior Court of Los Angeles County, Los Angeles, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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