On March 28, 2022, the firm was victorious for a contractor client in San Diego Superior Court following a trial de novo of a wage and hour claim. The worker initially took his wage claim to the California Labor Commissioner and — despite the worker having failed a pre-employment drug test — asserted a claim for unpaid wages, waiting time penalties under Labor Code section 203, liquidated damages under Labor Code section 1194.2, and interest.
Firm appeals Labor Commissioner’s initial order.
Following an evidentiary Berman hearing in the Division of Labor Standards Enforcement (DLSE) of the California Department of Industrial Relations (DIR), the Labor Commissioner ordered the contractor to pay thousands of dollars in unpaid wages for such things as show-up time, a safety orientation meeting, and travel time in connection with the pre-employment drug testing. The firm immediately filed an appeal of the faulty Labor Commissioner order in Superior Court and posted a bond under California Labor Code section 98.2.
Superior Court finds in favor of firm client.
Ultimately, a Superior Court judge heard trial testimony from both the contractor and the worker. Following a one-day trial, the court ruled in favor of the contractor in all respects. Judgment was entered in favor of the contractor and against the worker, and the Labor Commissioner order was vacated in its entirety. The worker recovered nothing.
Counsel: Chad T. Wishchuk