Monday, May 12, 2014
Friday, July 15, 2011
About The Case
In May 2009 an individual and class action filed by plaintiff Nellie Abdelmuti, (“Plaintiff”), who worked as a non-exempt employee of Arnel Management and/or Propserv, Inc. (“Defendants”) and on behalf of all persons similarly situated throughout the State of California was filed, entitled Nellie Abdelmuti, et al v. Arnel Management, Propserv, et al., Orange County Superior Court Case No. 30-2009-30-2009-00266985. The class and representative action allegations concerned the failure of Defendants to pay wages including overtime compensation, to provide meal periods, to provide rest periods, to provide itemized statements, to pay all expenses and commission due, to pay wages upon termination of employment as well as unlawful competition and business practices. The case only involves workers in California.
This blog is for informational purposes about the class action lawsuit and how you can participate if interested.
In this action, Plaintiff brought claims for:
1. All persons who are employed or have been employed by Defendants in the State of California who, for the four years prior to the filing of this class action to the present have worked as non-exempt employees and have not been provided a meal period for every five hours or major fraction thereof worked per day, and were not provided one hour’s pay for each day on which such meal period was not provided.
2. All persons who are employed or have been employed by Defendants in the State of California who, for the four years prior to the filing of this class action to the present have worked as non-exempt employees and have not been provided a rest period for every four hours or major fraction thereof worked per day, and were not provided compensation of one hour’s pay for each day on which such rest period was not provided.
3. All persons who are employed or have been employed by Defendants in the State of California who, within four (4) years of the filing of this Complaint, have worked as non-exempt employees and were not paid all regular time and overtime.
4. All persons who have separated their employment from Defendants in the State of California who, within four years of the filing of this Complaint, have not been paid wages pursuant to Labor Code sections 201-203 and are owed restitution for waiting time penalties deriving from wages.
5. All persons who are employed or have been employed by Defendants in the State of California who, within four (4) years of filing of this Complaint, have not received all wages due and payable twice in each calendar month pursuant to Labor Code section 204.
6. All persons who are employed or have been employed by Defendants in the State of California who, within four (4) years of the filing of this Complaint, were not indemnified for Defendants’ losses and incurred by employees as a condition of employment or in direct consequence of the discharge of their duties or of their obedience to the direction of Defendants and were subject to unlawful deductions and/or commission chargebacks.
Plaintiffs plan on filing a Motion for Class Certification.
Basically, Plaintiff alleges she was forced to work through meal and rest periods, work off the clock and conduct marketing and other activities without being reimbursed for expenses (for driving mileage, balloons, office supplies, cookies etc.) Plaintiff alleges she was not paid all commissions and overtime due upon her termination. The Plaintiff further alleges she was concurrently employed by Arnel Management which claims Propserv is simply an affiliate. Defendants deny all allegations. We are looking for other employees who experienced similar mistreatment or former employees or former managers who have information regarding this conduct. If you have any questions regarding this case please contact:
Richard E. Quintilone II, Esq.
Quintilone & Associates
22974 El Toro Road, Suite 100
Lake Forest, CA 92630-4961
Telephone: 949.458.9675
Facsimile: 949.458.9679
Email: Req@Quintlaw.Com
Hannah L. Thrane
Legal Assistant
Email: HLT@Quintlaw.com
Web: http://www.quintlaw.com/
Roger R. Carter, Esq
Bianca A. Sofonio, Esq
THE CARTER LAW FIRM
2030 Main Street, Suite 1300
Irvine, California 92614
Telephone: (949) 260-4737
Facsimile: (949) 260-4754
Web: http://www.carterlawfirm.net/
California employers are prohibited from retaliating against employees who participate in wage and hour complaints or investigations. If you feel you have been retaliated against, please contact the California Department of Industrial Relations, Division of Labor Standards Enforcement for information. http://www.dir.ca.gov/dlse/HowToFileDiscriminationComplaint.htm
For additional information on the hearing dates or to examine the file in the case you can go online to http://www.occourts.org/online-services/case-access/
This blog is for informational purposes about the class action lawsuit and how you can participate if interested.
In this action, Plaintiff brought claims for:
1. All persons who are employed or have been employed by Defendants in the State of California who, for the four years prior to the filing of this class action to the present have worked as non-exempt employees and have not been provided a meal period for every five hours or major fraction thereof worked per day, and were not provided one hour’s pay for each day on which such meal period was not provided.
2. All persons who are employed or have been employed by Defendants in the State of California who, for the four years prior to the filing of this class action to the present have worked as non-exempt employees and have not been provided a rest period for every four hours or major fraction thereof worked per day, and were not provided compensation of one hour’s pay for each day on which such rest period was not provided.
3. All persons who are employed or have been employed by Defendants in the State of California who, within four (4) years of the filing of this Complaint, have worked as non-exempt employees and were not paid all regular time and overtime.
4. All persons who have separated their employment from Defendants in the State of California who, within four years of the filing of this Complaint, have not been paid wages pursuant to Labor Code sections 201-203 and are owed restitution for waiting time penalties deriving from wages.
5. All persons who are employed or have been employed by Defendants in the State of California who, within four (4) years of filing of this Complaint, have not received all wages due and payable twice in each calendar month pursuant to Labor Code section 204.
6. All persons who are employed or have been employed by Defendants in the State of California who, within four (4) years of the filing of this Complaint, were not indemnified for Defendants’ losses and incurred by employees as a condition of employment or in direct consequence of the discharge of their duties or of their obedience to the direction of Defendants and were subject to unlawful deductions and/or commission chargebacks.
Plaintiffs plan on filing a Motion for Class Certification.
Basically, Plaintiff alleges she was forced to work through meal and rest periods, work off the clock and conduct marketing and other activities without being reimbursed for expenses (for driving mileage, balloons, office supplies, cookies etc.) Plaintiff alleges she was not paid all commissions and overtime due upon her termination. The Plaintiff further alleges she was concurrently employed by Arnel Management which claims Propserv is simply an affiliate. Defendants deny all allegations. We are looking for other employees who experienced similar mistreatment or former employees or former managers who have information regarding this conduct. If you have any questions regarding this case please contact:
Richard E. Quintilone II, Esq.
Quintilone & Associates
22974 El Toro Road, Suite 100
Lake Forest, CA 92630-4961
Telephone: 949.458.9675
Facsimile: 949.458.9679
Email: Req@Quintlaw.Com
Hannah L. Thrane
Legal Assistant
Email: HLT@Quintlaw.com
Web: http://www.quintlaw.com/
Roger R. Carter, Esq
Bianca A. Sofonio, Esq
THE CARTER LAW FIRM
2030 Main Street, Suite 1300
Irvine, California 92614
Telephone: (949) 260-4737
Facsimile: (949) 260-4754
Web: http://www.carterlawfirm.net/
California employers are prohibited from retaliating against employees who participate in wage and hour complaints or investigations. If you feel you have been retaliated against, please contact the California Department of Industrial Relations, Division of Labor Standards Enforcement for information. http://www.dir.ca.gov/dlse/HowToFileDiscriminationComplaint.htm
For additional information on the hearing dates or to examine the file in the case you can go online to http://www.occourts.org/online-services/case-access/
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