Firm beats back summary judgment motion in wage theft, retaliation case

December 9, 2015 – PEG&C partner Randy Erlewine today defeated the motion of defendant Jeff Burgess & Associates, Inc., which sought dismissal of the claims of the firm’s client under California’s wage and hour laws for overtime and premium pay.  Marin County Superior Court Judge Roy O. Chernus agreed with the firm that material issues of fact over the client’s duties and responsibilities as the CEO’s executive assistant precluded summary judgment on those claims.  Judge Chernus’ ruling opens the door to the same or similar claims on behalf of other employees of the defendant under California’s so-called PAGA statute; among other things, evidence adduced thus far in the case indicates that the defendant employer treated all of its employees as exempt from the California state statutory law’s wage and hour protections.  In addition to her discrimination and retaliation claims, the firm’s client has alleged a wide-spread pattern and practice of wage theft by her former employer, potentially implicating years of wages of numerous current and former employees.  The case is Bronson v. Jeff Burgess & Associates, Inc., et al., Case No. CV1404660.