In 2007, plaintiff Terry Furry, a senior account executive, worked for East Bay Express, a weekly newspaper in Oakland, when the paper was purchased by East Bay Publishing LLC. The next year, Furry was given the additional job title of marketing director, and he was promoted to the position of sales and marketing director in 2009. He also created original artwork, advertising and props that were used at East Bay events. Furry claimed that, since 2007, he was not paid the appropriate rate for working overtime. He also claimed that he was not given appropriate meal and rest breaks and was not compensated for working through his break. In addition, Furry claimed that his employers failed to keep track of the hours he worked and gave him inaccurate wage statements. Furry sued East Bay Express and East Bay Publishing LLC. He alleged that the defendants’ actions constituted violations of the California Labor Code. The matter proceeded to a bench trial. On Feb. 23, 2017, the court found in favor of the defendants. It concluded that “Furry was not entitled to any relief because his testimony was too uncertain to support a just and reasonable inference that he performed work for which he was not paid” and that “Furry was provided with uninterrupted meal and rest breaks as required by law.” Plaintiff’s counsel filed an appeal, and the appellate court reversed the judgment, in part, holding that “it was error to completely deny Furry relief on his overtime claim because imprecise evidence by an employee can provide a sufficient basis for damages when the employer fails to keep accurate records of the employee’s work hours.” However, it found that “Furry is not entitled to premium or regular pay for missed meal breaks because he failed to demonstrate that East Bay knew or reasonably should have known he was working through authorized meal breaks.” As a result, the matter was remanded back to the Superior Court with instructions for the trial court to enter judgment in favor of Furry in regard to Furry’s overtime and wage statement claims., Furry sought recovery for unpaid overtime, waiting time penalties and non-compliant wage statements. (He originally also sought recovery of meal or rest break compensation, but he was not entitled to that recovery after the appellate court remanded the matter to the trial court.) In addition to compensatory damages, Furry sought recovery of penalties, attorney fees and costs.