Robert D. Coviello, Esq.

• PAGA representative action; several private security guards filed a PAGA representative action against their employer for failure to provide duty free compliant meal periods and rest breaks.
• Class Action Wage/Hour Litigation; Plaintiff asserted claims against the defendant’s company on behalf of 400 + current and former employees alleging meal/rest violations; failure to pay overtime and the clock work; 203 and 226 penalty violations; PAGA claims.
• Wage/Hour – Failure to consider bonus compensation when calculating regular rate for overtime purposes; meal period violation – 40% of class commenced their meal periods after the 5th hour of work; 226 – wage statement violations; failure to set forth the overtime hours and rate.
• Plaintiff and putative class members were employed as Account Representatives by a state-wide lending institution. Plaintiff alleged various wage/hour claims including off-the-clock, meal/rest, overtime issues and failure to reimburse for necessary expenses (L.C. 2802).
• Plaintiff worked for a large manufacturing company and alleged class claims on behalf of approximately 1,100 putative class members. The claims included allegations of improper overtime calculation; meal/rest violations, failure to reimburse for uniform cleaning and related PAGA penalties.

• Representative PAGA action filed by former employee of popular restaurant. Primary alleged violation was failure to provide compliant meal/rest periods.
• Large putative class of non-exempt employees, working for a restaurant/music venue with several state-wide locations, alleged various wage/hour violations including: meal/rest period violations, split shift issues, donning and doffing issues; validity of “short-shift” waivers and PAGA penalties.
• Agency providing in-home elder care services was sued by a former employee alleging class claims including overtime, travel time, 2802 reimbursement, meal/rest, split-shift premiums and on-call waiting time pay together with PAGA penalties.
• Class action against state-wide hotel chain with 2,800 putative class members; claims included: regular rate calculation (was bonus included?), meal/rest premium pay; 2802 (cell phone use) and on-call issues.
• Wage/Hour Class Action brought on behalf of certain registered pharmacists employed by a large national grocery retailer. Allegations included failure to provide and/or make available meal and rest periods due to business needs.
• A group of servers employed by a statewide restaurant chain alleged wage/hour violations including: split-shift premiums, meal/rest violations and on-call issues.
• Employee challenged validity of an adopted alternative work-week (4 x 10) alleging the voting procedure was not compliant with existing law.
• National trucking company sued by two former employees alleging that the FLSA Exception (29 USC 13; 49 USC 31502) did not apply and therefore substantial overtime and penalties was due to the large putative class.
• A group of town truck drivers alleged they and other similarly situated drivers should be paid for their “on-call” time. They argued the on-call requirements were unduly restrictive and therefore should be compensated as hours worked.

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• Age discrimination, wrongful termination. A 60-year-old employee was terminated after 10+ years of service for profanity in front of a customer. Other employees previously were accused of similar conduct yet not terminated. In the months preceding the termination plaintiff’s supervisor made several comments/jokes about plaintiff’s age.
• Plaintiff alleged that a Defendant Hospital and Nurse employee failed to provide appropriate medical treatment due to Plaintiff’s sexual orientation and religious beliefs. Defendant’s expert asserted that the medical care provided was well within the standard of care.
• A 63 year old Hispanic employee at a large aerospace manufacturing company alleged age and race discrimination resulting in his termination. The Defendant Company contended that the criteria used for the R.I.F. was neutral on its face and had no disparate impact on the older worker.
• Large national medical device manufacturer was sued by a former female African-American sales representative. Prior to her termination, Plaintiff complained to H/R about derogatory and ethnic based comments being made in the workplace by supervisors and co-employees.
• Plaintiff is Caucasian. He was a supervisor for a national grocery store chain. He was terminated for making derogatory comments about a disabled employee upon his return to the workplace. Plaintiff alleged race discrimination.

• Age discrimination case brought against an international charitable organization. Plaintiff was a 22 year employee in the accounts payable department who was terminated for alleged performance issues. She asserted her age was a motivating reason for the decision to fire her. This was supported by age-based comments in the workplace.
• Age discrimination case asserted against a large international cosmetics manufacturer. Plaintiff was a 62 year old former employee who last worked as a Senior Financial Analyst. She was 60 years old at termination. Company terminated her for alleged performance issues – primarily failure to keep up with the new technology needed to perform certain accounting functions.
• Long term African-American employee terminated for clocking in 7 minutes late. Plaintiff alleged the termination was in retaliation for complaining about perceived discrimination several months earlier.
• Pattern and practice race discrimination. Plaintiffs alleged that a large nationwide retailer systematically placed Black employees in a particular store with no chance of promotion or reassignment to a profitable location.
• Law firm partner terminated for sending racially derogatory remarks to associate attorney. Alleged retaliation for prior complaints of questionable business practices.
• Age discrimination/wrongful termination claim. 50 year old employee who worked for a national retail store was fired after 21 years of employment. Company contended he was terminated for mistreatment of a customer. Employee alleged the company was targeting older employees for termination in a company-wide practice to reduce costs by hiring younger employees.
• Age discrimination. 25 year employee with large aerospace company terminated at age 63. R.I.F. and performance issues alleged by Defendant.
• A co-manager with a national retail store was terminated for violating the Company’s cash fund transfer policy. Plaintiff acknowledged the alleged violation but argued it was a minor violation and not regularly enforced. Instead he claimed his termination was based in part due to his age.

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• Medical condition/disability discrimination. A long-term employee took an authorized medical leave for back surgery. The company authorized her FMLA leave but terminated her after the expiration of 12 weeks. Plaintiff could have returned to work without restriction 2 months later. Defendant company did not engage in the interactive process in an effort to determinate if an extension of her leave time would have been a reasonable accommodation.
• Disability/Medical Condition Discrimination; Plaintiff was terminated while out on medical leave for failure to provide sufficient medical documentation to support her need for such leave.
• Medical condition/disability discrimination; wrongful termination. 20 year employee terminated for allegedly refusing to take a drug test upon returning to work after a work-related injury required by the union collective bargaining agreement. Plaintiff asserted she was never informed that the requested drug test was mandatory.
• Plaintiff was a short term hourly employee with a large national retail clothing company. She had an extensive history of tardiness and no-shows. Company terminated on a day she failed to show up for work. Unbeknownst to management, the Plaintiff was hospitalized for a mental condition. The company refused to reinstate her.
• Manager with a large apartment management group was fired for allegedly using offensive language in front of other employees and a prospective customer. Plaintiff alleged the incident was trivial and that she was in fact fired due to her recently disclosed medical condition.

• Plaintiff was a long term employee in the athletic department of a community college. Plaintiff took a medical leave of absence after allegations of inappropriate conduct with student athletes was rendered. Plaintiff later returned to work but was ultimately let go due to her alleged inability to perform the essential functions of her job.
• Employee sustained work related injury. Dispute as to whether employee informed company of intent to take medical leave. No call - no show termination.
• Medical condition/disability discrimination. 22 year bank employee was discharged for failure to meet sales goals. Plaintiff was terminated one day prior to a scheduled doctor visit for a long term medical condition.
• Pregnancy Discrimination. Upon return from pregnancy leave, Plaintiff was given a reduced salary and different position. Defendant Company claimed it was a reorganization that would have occurred notwithstanding Plaintiff’s pregnancy.
• ADA accessibility claim. Wheelchair bound Plaintiff alleged lack of proper parking and bathroom counters.
• A Certified Nursing Assistant was employed by a private hospital for 16 years. Short term medical leave. Argument with supervisor regarding work restrictions. Confusion as to whether Plaintiff was fired or walked off job. Age and medical condition disability; failure to engage in interactive process.
• A wheelchair confined long term employee with a national home-improvement retailer was experiencing certain medical complications. Issue was whether Plaintiff could perform the essential functions of his job, or any other available position, with our without an accommodation.
• Plaintiff was a 30 year employee with a large pizza restaurant chain. Plaintiff was required to undergo a series of surgeries that kept him out on medical leave for nearly one year. Upon return, he was demoted to the position of “driver” and shortly thereafter let go.
• Plaintiff worked for a national drug store retailer. Plaintiff went out on a 90 day approved medical leave. Plaintiff failed to return to work at the expiration of his leave. He was terminated 30 days later. Shortly thereafter he provided the company with medical documentation extending his leave. He was not reinstated.
• Disability discrimination; failure to accommodate. After 90 day L.O.A. due to an automobile accident, Plaintiff attempted to return to work. Due to his restrictions, company said no position available. Would it be an “undue hardship” to accommodate Plaintiff?
• Plaintiff out on medical leave. Did not call or show up for work on scheduled return date. Extension faxed to wrong department. Plaintiff fired. Company acknowledges miscommunication but won’t reinstate.
• Pregnancy discrimination. Female employee placed on “light duty” due to pregnancy related medical issues. Defendant Company alleged no “light duty” positions available and therefore Plaintiff denied the right to return to work. Company later contended that the nature of the work restriction was misunderstood.
• Sexual harassment. Supervisor and employee has short term consensual relationship. Female employee tries to end relationship. Supervisor allegedly retaliated resulting in L.O.A. No investigation of initial sexual harassment complaint.
• Plaintiff filed an action against property owner alleging the handicapped parking space was not compliant ADA standards. The alleged violation was corrected. Only issue remaining was damages.
• ADA access claim against national retailer. Counter height; bathroom accessibility and exit access at issue. Which standards apply – pre or post 1991.
• ADA access claim against small boutique hotel. Handicapped parking issue; service dog denied.

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• Manager with national retail store was terminated 2 weeks before she was to commence her pregnancy leave. Company alleged she was let go due to a R.I.F. but she was only manager affected.
• Disability discrimination/FMLA. Plaintiff requested and was granted three (3) consecutive leaves of absence for a medical condition. Plaintiff failed to return to work upon expiration of leave. After termination notice, Plaintiff presents a Doctor’s note extending the prior leave. Was Plaintiff entitled to reinstatement? Is the extension of leave a reasonable accommodation?
• A long term employee in an international aerospace company was out on an extended medical leave. Upon her return, she alleged her job duties were changed and her old position was no longer available. Several weeks later Plaintiff was laid off as part of a large R.I.F. Plaintiff contends she was let go as a result of taking an extended medical leave.
• Plaintiff was a maintenance worker/driver for an assisted living facility. He sustained a serious on the job injury. After 9 months, he returned to work. Restrictions existed but he could drive. Plaintiff had a D.U.I. and therefore lost his driver license. Company terminated Plaintiff. Plaintiff alleged medical condition discrimination and retaliation.
• Medical leave. Plaintiff was out on an extended medical leave but continually failed to submit any documentation to support her medical condition. Plaintiff was terminated. Several weeks later, additional medical documentation was provided.

• 10 year employee terminated while out on extended medical leave. Plaintiff provided company with a series of medical doctor notes placing her out on medical leave in excess of 10 months. Ultimately let go when a definitive back to work date could not be established. Issue – is the continued extension of FMLA a reasonable accommodation?
• A customer service representative with a large insurance company was the only person let go in a purported R.I.F. The employee alleged the true reason for her termination was due to the three (3) consecutive medical leaves she took prior to the termination.
• 10 year employee with a large national company providing catering service for sporting and music events. 30 month L.O. A. due to car accident. Several months later, Plaintiff was terminated for failing to return lost property.
• Pregnancy discrimination; FMLA; Failure to accommodate. Was Plaintiff “disabled by pregnancy” per California Code of Regulations, Section 11035.
• Misclassification. Complaint by a former kitchen manager at a national chain restaurant that he was misclassified as salaried/exempt. Plaintiff alleged that more than 50% of his time was engaged in non-exempt duties.

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• In house sales representative with national computer parts wholesale company claimed misclassification under the Administrative Exemption. Both State and Federal laws and regulations were at issue.
• Was individual hired to set-up and operate a health food station at a grocery store location an employee or independent contractor?
• Food and beverage director at large public golf course alleged misclassification as exempt employee based on duties/tasks performed.
• Alleged misclassification as an independent contractor by a national pet food company. Plaintiff was engaged to promote and set-up dog competitions/shows on behalf of Defendant. Misclassifications and “on-call” issues.
• Plaintiff was an “account executive” with a start-up tech company that provided a web-based platform for putting together homeowners and home improvement contractors. Plaintiff was classified as exempt (administrative exemption). Plaintiff alleged, however, that her primary duties involved the solicitation and selling of advertisements for the site.

• Plaintiff was a foreman for a manufacturing facility. He was paid a salary and classified as an exempt (executive and/or administrative) employee. Based on the “duties” test, Plaintiff alleged he was misclassified and asserted claims for overtime, meal/rest and related PAGA penalties.

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• Kitchen Manager at a popular chain restaurant claimed he performed non-exempt tasks more than 50% of his working shift and therefore was improperly classified as an exempt employee. Plaintiff sought overtime wages and related penalties.
• Long term employee who was in charge of company I.T. Department alleged he was misclassified as an independent contractor. Claims included overtime, meal/rest, PAGA Penalties. The Company Contended under the Dynamex decision (ABC Test) the Plaintiff was properly classified as an independent contractor.
• Employee of start-up Tech Company alleged she worked overtime but was only paid at her regular rate. Documents produced in discovery established that O/T was paid in cash at regular rate and not reflected in her itemized wage statements resulting in a 226 violation also.
• Engineering firm. Failure to pay for all hours worked. Plaintiff contended his time sheets were altered and he was systematically paid less than actual hours worked.
• Domestic Worker Bill of Rights (L.C. §1450 et al.) matter. Plaintiff alleged her written agreement to serve as a full-time caretaker for Defendant violated California Law.

• Equal Pay Act. Female employee with statewide sales company alleged male employees were provided enhanced pay/commissions structures unrelated to performance.
• Action by Department of Labor (DOL) brought on behalf of an immigrant in-house domestic service worker against her wealthy employer. Plaintiff alleged various wage/hour violations stemming from her 15 hours per day work requirements. Issues included minimum wage, overtime, meal/rest and off-the-clock issues.
• Equal Pay Act. Long term female employed by an Orange County City alleged she was being paid substantially less than three other male employees holding the same job title and performing substantially similar tasks.
• Off-the-clock. Plaintiff alleged he was required to wait in long lines to clock in and out at a large manufacturing facility and that his wait time in security lines should be compensated.
• Defendant Company operated several local discount markets and employed the Plaintiff to provide a variety of services which at times included stocking the stores, delivering goods and assisting with check-out. Plaintiff was paid a flat daily rate. Issue included failure to pay minimum wage, overtime, 2802, meal/rest and failure to maintain compliant pay records.
• Plaintiff was a driver for a private ambulance response company. Issues included: on-call time, meal/rest, 6 hour meal waiver; off-the-clock, coming and going rule.
• Entertainment industry; Assistant Movie Editor. Overtime, meal/rest, union issues, promissory estoppel.
• Plaintiff was a driver for a limousine service. Issues: on-call, waiting time, travel time, meal/rest.
• Ambulance and Medical Transportation Company. Plaintiff was a licensed EMT. Issues: validity of 24 hour shift schedule; travel time; “Rounding”, sleep time.
• A 30 year employee working for an international tech company was laid off in a company-wide R.I.F. Thereafter, the employee alleged he was not paid for all hours worked notwithstanding the fact that he submitted his own weekly timecards and was paid based on such timecards.
• Two former employees sued a small local market alleging they were denied meal/rest breaks because they were often the only employee on duty at certain times during their respective shifts.
• Equal Pay Act. Female employee with large national sales company alleged male employees systematically had more lucrative commission structures than similarly situated female employees.

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• Sexual harassment; constructive wrongful termination. Short term employee alleged inappropriate touching, comments and texts by her supervisor. She complained to co-workers but not management. Some improper touching of buttocks by co-workers. Management alleged they were unaware of the allegations before plaintiff quit. Strong evidence and emotional damages.
• Harassment, retaliation and wrongful termination due to Plaintiff’s military status (Military and Veterans Section 394). Plaintiff was on active reserve duty. She alleged the Defendant Company failed to promote her and engaged in other adverse employment actions due to her sex and military status.
• Sexual Harassment by co-employee; several complaints to management. No corrective action taken; culminating in a sexual battery. Severe emotional distress damages.
• Plaintiff was employed for 25 years as an engineer with a large national company. He alleged he was terminated in retaliation for the prior filing of a workers compensation claim and a DFEH complaint. The company alleged he was terminated for performance issues.
• A 10 year employee alleged she was wrongfully terminated after she provided adverse testimony relating to an internal investigation involving the company C.E.O. for alleged unlawful conduct.

• Sexual Harassment; female employee allege that owner of small business forced her to have sex in his office after a business lunch that included excessive alcohol consumption. The defendant denied the incident ever happened.
• Single Plaintiff sexual harassment case. Plaintiff alleged her supervisor forced her to have sex at a motel then threatened to tell her husband if she refused him sex in the future. The relationship continued for several years before Plaintiff complained to H/R.
• A 10 year employee of a national retail store alleged he was terminated in retaliation for filing a workers compensation claim several months earlier. The company asserted the Plaintiff was fired for sleeping on the job which was captured several times on video.
• A 22 year employee with a national retail chain was terminated for posting favorable reviews as an alleged customer. This was against the company’s written policies. Plaintiff contended the real reason for termination was due to the fact that he was homosexual.
• Female employee alleged sexual harassment by her male superior. Inappropriate conduct included: invites to dinner; comments about breasts; sending nude photos; sex filled texts; talk of sex life, etc.
• 32 year employee of a private sports/event facility alleged his age (65) was a motivating factor in the decision to terminate him. Plaintiff also alleged he was improperly misclassified as an exempt employee thereby giving rise to wage/hour claims.
• Former long term employee of international airline carrier alleged she was terminated in retaliation for filing of worker’s compensation claim and requesting a brief leave of absence.
• Sexual Harassment/Retaliation claim asserted by a young female employee against a large national Big Box Retailer; inappropriate touching and comments made by Plaintiff’s supervisor supported by several co-employee witnesses. Plaintiff terminated several months after complaint to HR.
• Age discrimination; wrongful termination. 77 year old employee terminated from job of 10 years for alleged performance issues. No prior written warnings from management. Alleged age related comments made by supervisor.
• Employee alleged he was terminated in retaliation for testifying against the company in a legal suit brought by a former employee.
• Highly compensated Medical Director alleged he was terminated by Defendant Hospital for voicing complaints regarding patient safety and regulatory violations.
• Maintenance Manager at a large manufacturing facility alleged he was terminated for exposing health/safety problems in the workplace.
• Alleged retaliation for reporting sexual harassment. Defendant Company terminated employee for failure to properly respond to a medical emergency call. Plaintiff was employed as an Emergency Medical Technician. Plaintiff alleged the true reason for her termination was due to her prior complaints of sexual harassment against a coworker.
• While out on a medical leave, Plaintiff makes initial complaint of sexual harassment. Company investigates. Concludes supervisor/harasser acted improperly. Supervisor transferred to store in Northern California. Plaintiff returns to work 10 months later. Claims hostile work environment and quits.
• Perceived sexual orientation harassment. Female supervisor alleged to have made numerous offensive comments to a male subordinate believing him to be gay. After complaining to management, Plaintiff was terminated for having a consensual relationship with a married female employee.
• A recruitment representative for a large private college alleged she was let go due to prior complaints of sexual discrimination. The employer contends it let her go because of a verbal confrontation with a client.
• Male employee complains about sexual harassment he observed being perpetrated by a co-employee. Shortly thereafter, Plaintiff was alleged to have violated company policy by confronting a customer in the parking lot about a possible shoplifting allegation. Employee terminated. Plaintiff alleged the termination was in retaliation for making the third party sexual harassment complaint.
• Sexual harassment complaints rendered by several residents at an assisted living facility operated by a governmental agency. Terminated employee alleged any sexual contact was consensual.

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• Breach of written Employment Agreement. High level executive with Software Development Company was terminated for cause. Plaintiff alleged termination was due to complaints regarding unlawful accounting activity in an effort to avoid U.S. taxes. Plaintiff would have been entitled to a very large bonus but for the “good cause” termination.
• Fair Pay Act Claim. Plaintiff working as a certified nurse alleged she was paid less than her male counterpart. The company contended it considered lawful criteria in paying her less.
• Dispute over sales commissions; primary issue involved conflicting case law on when a commission/bonus is deemed “earned.”
• Route truck driver alleged he was terminated for engaging in efforts to unionize the Defendant company. The company contended he was terminated for missed deliveries and other performance issues. Case involved Labor Code 1102.5 and 232.5 claims.
• Breach of written employment agreement. High level executive with software development company was terminated for cause. Plaintiff alleged termination was due to complaints regarding unlawful accounting activity in an effort to avoid U.S. taxes. Plaintiff would have been entitled to a very large bonus but for the “good cause” termination.

• Plaintiff performed services for a pharmaceutical company as an independent contractor pursuant to a successive series of written contracts. Defendant Company terminated Plaintiff’s services, however, a dispute arose as to the validity of the final contract, which was not signed by the Company.
• Breach of Written Commission Agreement between mortgage lender and branch manager; failure to pay all wages and earned commissions.
• Employee alleged breach of verbal employment agreement. Plaintiff contends Employer Company promised her an ownership interest in the company in exchange for a reduced salary.
• Breach of Business Buy/Sale Agreement. Dispute between buyer and seller regarding terms and conditions for a written Purchase Agreement. Calculation of business expenses, value of inventory and terms of Promissory Note were contested.
• Commission dispute. Issue involved whether commissions were “earned” or “vested”, when is payment due, and the obligation to pay employee for sales that were pending prior to separation from the company.
• The merger of two companies resulted in the layoff of numerous individuals. Severance packages were offered to most. Plaintiff instead was offered a new position with same pay and benefits. She was terminated a short time later and demanded the severance package offered to the R.I.F. employees.
• Commissioned salesperson and national sales company had a dispute over terms and conditions of Plaintiff’s compensation arrangement. Did the handwritten memo of compensation prevail or the terms and conditions of the company’s written payment plan?
• Long term employee with high tech manufacturing company is laid off in a R.I. F. Issue involved vesting of options, failure to timely exercise and enforceability of verbal agreement to issue additional shares.
• Plaintiff alleged he was terminated in violation of public policy alleging the company fired him to prevent the payment of commissions on a very large order that was about to be secured.
• Tech Start-up Company. Dispute between software developers and company as to ownership of developed software in light of allegation that company failed to pay for services as agreed. Dispute as to contract interpretation and quality of services provided.
• Action by the State Compensation Insurance Fund (Workers Comp) to collect premium payment from Defendant Company. Company alleged its workers were improperly classified resulting in a higher premium rating.
• Fraud; Intentional Misrepresentation. Employee worked for a private security company that operated jails for I.C.E. and other government agencies. Plaintiff was induced to accept a position at a new facility. Shortly thereafter the facility was shut down and Plaintiff was not offered reassignment to his old position.
• Action against a County Government for failing to issue a Conditional Use Permit allowing for the expansion of Plaintiff’s business facility. The County did erroneously issue a C.U.P. to Plaintiff’s competitor. Plaintiff argued that he was denied the C.U.P. due to his place of origin and religious beliefs.
• Plaintiffs worked for an animal rescue foundation. Defendant contends Plaintiffs were terminated for smoking marijuana on the premises. Plaintiffs allege that their termination was in retaliation for complaining about the cruelty and neglect of the animals in violation of state law.
• Long term employee suspected of being under the influence of drugs in the workplace; refused drug test resulting in termination. Did company have sufficient probable cause to demand drug test?
• Commercial contract dispute; negligence. The parties had a contractual relationship. An unknown third party hacked one of the parties’ computer systems causing a large monetary payment to be sent to the hacker instead of the intended party. Primary issue was who should be responsible for the loss.
• Promissory estoppel; fraud. Plaintiff worked for a private security firm that provided services to a Federal agency. Plaintiff requested a transfer to a different facility alleging that the company assured him it would be a permanent position. The new facility shut down a few months after the transfer and Plaintiff was let go.
• Commercial Landlord-Tenant dispute. Former tenant removed fixtures/equipment when vacating premises. Were items personal property or part of the realty?
• Volunteer or employee? Plaintiff was a frequent provider of content on a popular social media site. Was she entitled to compensation?

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