Three attorneys from Noland Hamerly Etienne & Hoss, Lindsey Berg-James, Ana Toledo and Mike Masuda, won a 1.2 million dollar award against the United Farm Workers of America (“UFW”). NHEH represented former UFW employee Francisco Cerritos in a class action and Private Attorney General Act (“PAGA”), lawsuit on behalf of himself and other current and former UFW employees. On March 27, 2017, Monterey County Superior Court Judge Thomas Wills issued his ruling at the conclusion of the trial.
The court ruled that Mr. Cerritos and 22 other UFW internal organizers were misclassified as “exempt” employees and not paid overtime and not given lunch breaks. The class action claim was brought because the UFW failed to give UFW employee legal pay stubs. The judge awarded Mr. Cerritos $65,000 and also awarded $600,000 to the other internal organizers in overtime wages; $119,000 to the class for paystub violations; and an additional $235,000 of PAGA penalties for numerous California Labor Code violations.
The Noland Hamerly attorneys are pleased with the judge’s well-reasoned decision and to have successfully represented the UFW employees in protecting their rights to be paid properly for their work.
© 2017 Noland, Hamerly, Etienne & Hoss