Wage & Hour Defense

Mr. Augustini’s wage and hour experience includes the following:

Currently representing multiple defendants in a wage and hour class action matter.

• Stein v. Alternative Therapeutic Solutions, Los Angeles Superior Court Case No. 23STCV07216.

Currently representing multiple defendants in a retaliation/wrongful termination matter.  

• Reyes et al. v. South Cord Holdings, LLC, Los Angeles Superior Court Case No. 23STCV12612.

Successfully defended a silk-screening company in an overtime wage and hour lawsuit brought by a former employee.  We obtained summary judgment on her individual claims, as well as an order of dismissal (without prejudice) of her class claims.  We ultimately obtained a judgment against the plaintiff for costs. 

• Gonzalez v. Quikturn Professional Screenprinting et al., Orange County Superior Court Case No. 30-2017-00940071-CU-OE-CXC (2017-2018).
  

Successfully represented a temporary nurse staffing company in an overtime wage and hour class action lawsuit for employees assigned to work in several large public hospital systems in the San Francisco area.  Following a deposition of the plaintiff and discovery targeted at her personal claims, plaintiff agreed to dismiss her class action claims and to settle her personal claims for a total payment of $16,000.  

• Soman v. MGA Healthcare California, Inc., Alameda County Superior Court Case No. RG17877875 (2017-2018).    
  

Successfully represented a temporary nurse staffing company in what originally was brought as a class action by a former nurse for various wage and hour violations, including unpaid overtime, missed rest breaks and missed meal periods.  In February 2012, we successfully opposed Plaintiff’s Motion for Class Certification, which sought to certify a class of 3,400 nurses and a class period of nearly seven years.  Specifically, the Court denied certification based upon a lack of both “commonality” and “superiority.”  While the denial of class certification was on appeal, we settled the matter as to the entire class and for the entire class period for approximately $200,000.  

• Brothers v. MGA Healthcare California, Inc., Los Angeles Superior Court Case No. BC 420592
  

Successfully represented a recreational vehicle sales/rental company in a federal FLSA collective action and two related state court class actions brought by former employees for FLSA and CA Labor Code violations, including an allegedly improper time-clock “rounding” policy, forced “off-the-clock” work, the alleged failure to provide proper meal and rest breaks, and alleged vacation policy violations.  

• Villalpando v. El Monte Rents, Inc., United States District Court Case No. CV11-6652 PSG (Ex) & Los Angeles Superior Court Case No. BC 444211; and

• Yanez v. El Monte Rents, Inc., Los Angeles Superior Court Case No. BC 488743.  
  

In the Villalpando FLSA collective action, the Court granted summary judgment in favor of El Monte Rents “on the merits” on all of Plaintiff’s claims.  In the Yanez class action, the Court sustained El Monte’s demurrer without leave to amend, and a judgment was entered in favor of El Monte. In the Villalpando state class action, the Court partially granted our motion for judgment on the pleadings, thereby eliminating many of the underlying claims, and thereafter denied Plaintiff’s Motion for Class Certification and granted El Monte’s Motion for Class Decertification on the remaining class claims.  Plaintiff's personal claims were later defeated via motion for summary judgment.

Represented El Monte Rents, Inc. in a class action and “PAGA” case involving claims of unpaid overtime, missed meal and rest periods, improper wage deduction, wage statement violations, and unfair business practices. After an exchange of correspondence and the provision of evidence showing the claims factually were not true, Plaintiff’s counsel dismissed the case with prejudice in exchange for a waiver of fees and costs.

• De Leon v. El Monte Rents, Inc., Los Angeles Superior Court Case No. BC 586064.
  

Represented an aerospace tooling systems supplier in a class action lawsuit over alleged meal period violations.  The case was settled on terms favorable to the client following extensive discovery was taken.  

• Le v. Coast Composites, Inc., Orange County Superior Court Case No. 30-2012-00597160-CU-OE-CXC (Complex).     
  

Represented a national consumer lender in a series of federal and state wage and hour class action cases and related individual cases brought by loan agents for overtime pay and meal and rest break violations under both the FLSA and the California Labor Code. All of the matters below ultimately were resolved on favorable terms.  

• Llamas v. CashCall, Inc., United States District Court Case No. SACV06-963 AG (class action with over 1,000 employees in putative class, asserting claims for federal and state wage and hour violations);

• Coleman v. CashCall, Inc., Orange County Superior Court Case No. 07CC06430 (competing state class action case arising from same wage and hour violations as Llamas);
  

• Walker v. CashCall, Inc., Orange County Superior Court Case No. 06CC00200 ((competing state class action case arising from same wage and hour violations as Llamas);
  

• Gaeta v. CashCall, Inc., Orange County Superior Court Case No. 06CC00240 (state class action case alleging state wage and hour violations);

• Coleman v. CashCall, Inc., United States District Court Case No. 08-0024-AG (C.D. Cal.) (individual action by 29 employees who opted out of federal class action settlement in Llamas);

• Galbert v. CashCall, Inc., United States District Court Case No. SACV07-831 AG (C.D. Cal.) (individual action by three other “opt-outs” for federal and state wage and hour violations); and

• Tavakkol v. CashCall, Inc., Orange County Superior Court Case No. 07CC07968 (individual action for state wage and hour violations)
  

Represented a national mortgage lender in a federal overtime class action and several related individual cases brought by loan agents for wage and hour violations under both the FLSA and the California Labor Code. This action too was resolved on favorable terms.  

• Ellmore v. DiTech Funding Corp., United States District Court Case No. SACV-01-0093 (C.D. Cal.) (class action on behalf of more than 1,000 employees for alleged state and federal wage and hour violations).   
  

Represented a regional restaurant chain in a series of state overtime class action cases and several related individual cases brought by assistant managers for overtime pay and meal and rest break violations under both the FLSA and the California Labor Code

• Hooper v. Marie Callender Pie Shops, Los Angeles Superior Court Case No. BC 280753 (class action filed on behalf of General Managers and Assistant Managers of restaurant chain for state wage and hour violations).  This matter was resolved favorably after we defeatedthe plaintiffs’ motion for class certification; and​

• Barrett v. Castle Harlan Partners (Marie Callender Pie Shops), Ventura County Superior Court Case Nos. CIV225252 & CIV226291 (class actions by servers and bartenders for state wage and hour violations).  Plaintiffs’ counsel requested a settlement of this action following several devastating depositions taken of their proposed class representatives and after discovery revealed their underlying claims to be of questionable legal merit.