CHRISTIAN E. OLIVA FLORES, ET AL vs. NATIONAL RESPONSE TEAM LLC, ET AL

After considering all the evidence presented at trial and the arguments of counsel, the Court provides the following additional award:

1. Waiting-Time Penalties

The Court finds that Defendant National Response Team, LLC failed to pay all wages due to Plaintiffs at discharge and that Plaintiffs are entitled to waiting-time penalties under Labor Code section 203. Accordingly, the Court awards waiting-time penalties against Defendant National Response Team, LLC as follows:

Christian E. Oliva Flores: $5,280

Luis David Perla Monterroza: $5,280

(Mamika v. Barca (1998) 68 Cal.App.4th 487, 493.)

2. Wage-Statement Penalties

The Court finds that Defendant National Response Team, LLC issued inaccurate wage statements to Plaintiffs and that Plaintiffs are entitled to wage-statement penalties under Labor Code section 226. The Court awards wage-statement penalties against Defendant National Response Team, LLC as follows: Christian E. Oliva Flores: $4,000.00

Luis David Perla Monterroza: $4,000.00

3. Prejudgment Interest

The Court finds that Plaintiffs are entitled to prejudgment interest on the jury’s unpaid-wage awards at the legal rate of 10% per annum from the date of the failure to pay through the date of final judgment.

4. UCL Claim and Equitable Relief

The Court finds in favor of Plaintiffs and against Defendant National Response Team, LLC on Plaintiffs’ claim under Business and Professions Code section 17200 under the unlawful prong, based on the wage-payment, payroll, OT2/double-time, and wage-statement practices shown by the jury’s unpaid-wage findings, the admitted records, and the trial testimony.

Defendant National Response Team, LLC is ordered to maintain payroll, timekeeping, and wage-statement procedures reasonably designed to:

1. accurately capture and preserve regular-time, overtime, and double-time/OT2 hours; 2. accurately transmit regular-time, overtime, and double-time/OT2 hours to any payroll provider, including BBSI or any successor payroll provider; 3. pay all regular-time, overtime, and double-time wages at the applicable lawful rates; 4. issue wage statements that separately identify all applicable hourly rates and the corresponding number of hours worked at each rate, including double-time/OT2 where applicable; and 5. review payroll submissions before wages and wage statements are issued to ensure that double-time/OT2 hours reflected in the timekeeping system are accurately paid and accurately itemized on wage statements.