Barber v. Human Contract, LLC

Full title: BART BARBER, individually and on behalf of all others similarly situated…

Court: United States District Court, C.D. California

Date published: Jun 23, 2010

Case No. CV09-00964 VBF (AJWx) (C.D. Cal. Jun. 23, 2010)

Opinion

Case No. CV09-00964 VBF (AJWx).

June 23, 2010

HARRIS RUBLE, Alan Harris (SBN 146079), Matthew E Kavanaugh (SBN 239961), Los Angeles, California, Attorneys for Plaintiffs Barber, Bernstein, Bracken, Buehrle, Davis, Goyer, Nisar, Turner, Wade, and Wayton.

JUDGMENT IN FAVOR OF PLAINTIFFS BARBER, BERNSTEIN, BRACKEN, BUEHRLE, DAVIS, GOYER, NISAR, TURNER, WADE, AND WAYTON

VALERIE FAIRBANK, District JudgePage 2

After considering the moving and opposition papers to Plaintiffs' Motion for Summary Judgment against Defendant Human Contract, LLC, and all other matters presented to the Court, IT IS HEREBY ORDERED AND ADJUDGED THAT Plaintiffs' Motion for Summary Judgment against Human Contract, LLC is GRANTED as to the causes of action for Continuing Wages under Cal. Lab. Code § 203; Failure to Pay Minimum Wage under 29 U.S.C. § 206; and Failure to Pay Overtime Wage under 29 U.S.C. § 207. Plaintiffs' Motion for Summary Judgment is DENIED as to the causes of action for Failure to Provide Information on Pay Stubs Under Cal. Lab. Code § 226; and Failure to Pay Minimum Wages and Overtime Compensation under Cal. Lab. Code §§ 510, 1194. The Defendant's Motion for Summary Judgment is DENIED. See Court Order Granting in Part Plaintiffs' Motion for Summary Judgment, Denying Defendant's Motion for Summary Judgment. Plaintiffs shall recover the following amount: Continuing Wages under Cal. Lab. Code § 203:

Name (Last, First) Lab. Code 203 Barber, Bart Bernstein, Erik Bracken, Roger Buehrle, David Davis, James Goyer, Jeffery Nisar, Austin Turner, Eric Wade, Daniel Wayton, Gary

$14,848.33 $13,133.93 $10,593.70 $4,295.45 $16,871.59 $12,000.00 $14,952.39 $13,109.06 $8,392.85 $36,942.86

Liquidated damages under the Fair Labor Standards Act: Name (Last, First) FLSA Barber, Bart Bernstein, Erik Bracken, Roger Buehrle, David Davis, James Goyer, Jeffery Nisar, Austin Turner, Eric Wade, Daniel Wayton, Gary

$291.60 $1,313.76 $616.32 $534.00 $404.64 $311.82 $370.08 $114.69 $603.90 $93.60 Accordingly, Judgment is entered in favor of each Plaintiff, against Human Contract, LLC, in the amounts stated above.

Plaintiffs are entitled to prejudgment interest, accruing from February 19, 2008, on the amounts listed above.

This Judgment may be amended after Plaintiff applies for an award of fees and costs, to include any amount that may be awarded by the Court.