Mower,
Carreon & Desai, LLP are currently prosecuting an action
on behalf of former and current inside salespersons who
were not paid overtime wages despite working well over 40
hours per week. This action was certified as a nationwide
collective action under the Fair Labor Standards Act by
the Honorable Judge Gary Taylor of the United States District
Court of California, Central District. We have obtained
summary adjudication - in favor of the class members - on
many issues, inlcuding Eastwood's sole claim of exemption
from the overtime requirements of the FLSA, liquidated (or
double) damages, the Defendant's use of the Fluctuating
Work-Week to calculate the wages, the Defendant's claim
of a Belo-Plan to pay for the overtime hours, the use of
representative testimony to prove the class members' claims,
Defendant's contradictory and untrue claim of a "prepayment"
of seven hours of wages, and the ultimate Computation of
Overtime Wages. Days before trial was set to start, Eastwood
agreed to resolve this case but declined to pay for MC&D's
reasonable attorney's fees and costs. The district court
awarded our fees notwithstanding Eastwood's objection and
this part of the case is on appeal to the Ninth Circuit
Court of Appeals. In all other respects, this case is over.
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