Jaimez v. DAIOHS U.S.A., Inc., 181 Cal. App. 4th 1286 (2010)

Alex Jaimez, a former Route Sales Representative (RSR) for DAIOHS U.S.A., Inc., dba DAIOHS First Choice Services (First Choice), filed this putative class action alleging that First Choice deliberately misclassified employees as exempt from overtime, failed to provide them with meal and rest break periods, and failed to provide legally compliant paystubs. The trial court denied the motion to certify the class on the ground that Jaimez’s claims were not typical, that common issues of law and fact did not predominate, and that Jaimez was not an adequate class representative because he had lied on his First Choice employment application about his felony conviction and incarceration and had purportedly falsified time records and other documents. The Court of Appeal reversed the trial court’s order denying class certification on the ground that nine of the RSR declarations that Jaimez provided were sufficient to demonstrate certification was appropriate – and the 25 declarations First Choice submitted only suggested that the potential damages to individual RSRs might vary. The Court did, however, affirm the trial court’s determination that Jaimez was not an adequate class representative and ordered that a new class representative be appointed. See also United Steel Workers v. ConocoPhillips Co., 593 F.3d 802 (9th Cir. 2010) (district court improperly denied class certification on claims arising from alleged failure to provide duty-free meal periods despite possibility that plaintiffs could not satisfy requirement that questions of law and fact common to class members predominated over individual questions).

 

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Photo of Tony Oncidi Tony Oncidi

Anthony J. Oncidi is the co-chair of the Labor & Employment Law Department and heads the West Coast Labor & Employment group in the firm’s Los Angeles office.

Tony represents employers and management in all aspects of labor relations and employment law, including…

Anthony J. Oncidi is the co-chair of the Labor & Employment Law Department and heads the West Coast Labor & Employment group in the firm’s Los Angeles office.

Tony represents employers and management in all aspects of labor relations and employment law, including litigation and preventive counseling, wage and hour matters, including class actions, wrongful termination, employee discipline, Title VII and the California Fair Employment and Housing Act, executive employment contract disputes, sexual harassment training and investigations, workplace violence, drug testing and privacy issues, Sarbanes-Oxley claims and employee raiding and trade secret protection. A substantial portion of Tony’s practice involves the defense of employers in large class actions, employment discrimination, harassment and wrongful termination litigation in state and federal court as well as arbitration proceedings, including FINRA matters.

Tony is recognized as a leading lawyer by such highly respected publications and organizations as the Los Angeles Daily JournalThe Hollywood Reporter, and Chambers USA, which gives him the highest possible rating (“Band 1”) for Labor & Employment.  According to Chambers USA, clients say Tony is “brilliant at what he does… He is even keeled, has a high emotional IQ, is a great legal writer and orator, and never gives up.” Other clients report:  “Tony has an outstanding reputation” and he is “smart, cost effective and appropriately aggressive.” Tony is hailed as “outstanding,” particularly for his “ability to merge top-shelf lawyerly advice with pragmatic business acumen.” He is highly respected in the industry, with other commentators lauding him as a “phenomenal strategist” and “one of the top employment litigators in the country.”

“Tony is the author of the treatise titled Employment Discrimination Depositions (Juris Pub’g 2020; www.jurispub.com), co-author of Proskauer on Privacy (PLI 2020), and, since 1990, has been a regular columnist for the official publication of the Labor and Employment Law Section of the State Bar of California and the Los Angeles Daily Journal.

Tony has been a featured guest on Fox 11 News and CBS News in Los Angeles. He has been interviewed and quoted by leading national media outlets such as The National Law JournalBloomberg News, The New York Times, and Newsweek and Time magazines. Tony is a frequent speaker on employment law topics for large and small groups of employers and their counsel, including the Society for Human Resource Management (“SHRM”), PIHRA, the National CLE Conference, National Business Institute, the Employment Round Table of Southern California (Board Member), the Council on Education in Management, the Institute for Corporate Counsel, the State Bar of California, the California Continuing Education of the Bar Program and the Los Angeles and Beverly Hills Bar Associations. He has testified as an expert witness regarding wage and hour issues as well as the California Fair Employment and Housing Act and has served as a faculty member of the National Employment Law Institute. He has served as an arbitrator in an employment discrimination matter.

Tony is an appointed Hearing Examiner for the Los Angeles Police Commission Board of Rights and has served as an Adjunct Professor of Law and a guest lecturer at USC Law School and a guest lecturer at UCLA Law School.