Case details
Legal secretary alleged employer failed to pay wages owed
SUMMARY
$80000
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
FACTS
In 2010, plaintiff Noemi Bernal, 28, returned to working as a legal secretary for James Little, an attorney. Bernal previously started work at J.J. Little & Associates in 2004, but left the firm in 2009 to take care of her young son. She then did freelance legal secretary work, earning $25 per hour. In mid-2010, Little asked her to come back to work. However, Bernal claimed that since her return, she was not paid overtime wages. She also claimed that she was wrongfully terminated by J.J. Little & Associates in July 2013. Bernal sued James J. Little Esq.; Little P.C.; and Law Office Administrators LLC. Bernal alleged that J.J. Little & Associates P.C., Law Office Administrators LLC, and Little P.C. were the alter egos of James Little. She also alleged that the defendants’ actions constituted violations of California’s Labor Code. James Little agreed to settle with Bernal regarding Bernal’s initial claims of sexual harassment and retaliation. Bernal claimed that James Little misclassified her as an exempt employee, failed to pay her overtime wages, and gave her a 2010 Audi as compensation, but then demanded it back when she was terminated. She also claimed that when Little asked her back to work in 2010, she accepted an offer to start for $1,000 a week. However, she claimed that shortly thereafter, she found that her work exceeded a 40-hour workweek and included taking late-night phone calls about cases from Little. Thus, Bernal asserted that she was entitled to wages for those overtime hours. In addition, Bernal claimed that her relationship with Little deteriorated and that after she was forced to leave the company, Little threatened to call the police and report the Audi stolen if she did not return the vehicle. Little contended that he was not Bernal’s employer and was an employee himself of J.J. Little & Associates, which was not liable for her claims. He also claimed that another entity, Law Offices Administrators, was used to pay employee salaries, which was also not liable for Bernal’s claims. In addition, Little denied promising Bernal any specific compensation., Bernal claimed that she was owed damages for lost wages for the work performed between 2010 and 2013. She alleged that with penalties and interest, the amount of her lost wages came out to approximately $100,000 to $140,000, including the price of the Audi.
COURT
Superior Court of Los Angeles County, Los Angeles, CA
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