attorney's fees

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Sampson v. Parking Service 2000.Com, Inc., 117 Cal. App. 4th 212 (2004)

George Sampson filed a wage claim with the California Division of Labor Standards Enforcement (the Labor Commissioner) in which he sought unpaid overtime, vacation pay, tips and penalties. After a two-day administrative hearing (at which Sampson was represented by an attorney), the hearing officer decided in Sampson’s favor and awarded him approximately…

Crown Appliance v. WCAB, 115 Cal. App. 4th 620 (2004)

Crown Appliance petitioned the Court of Appeal for a writ of review, following a determination by the Workers’ Compensation Appeals Board (WCAB) that Crown had discriminated against its employee, Morton Wong, for filing a workers’ compensation claim. Wong sustained an industrial injury to his left elbow and back while employed as a delivery driver…

Biehl v. CIR, 351 F.3d 982 (9th Cir. 2003)

Frank Biehl brought suit against his former employer, North Coast Medical Center, Inc. (NCMI), and won a jury verdict in his wrongful termination action against the company. NCMI agreed to settle the case for $1.2 million, of which $401,000 was paid directly to Biehl’s attorney. Biehl reported only $799,000 of the $1.2 million (i.e., his…

Banaitis v. CIR, 340 F.3d 1074 (9th Cir. 2003)

In his tort claims against his former employer (Bank of California) and its successor (Mitsubishi Bank), Sigitas Banaitis alleged wrongful discharge and interference with his employment agreement. After losing at trial in Oregon state court (where Banaitis obtained a $6.27 million verdict in his favor) and failing in their appeals, Mitsubishi Bank and the Bank…

Smith v. Rae-Venter Law Group, 29 Cal. 4th 345 (2002)

Following Timothy L. Smith’s resignation as an associate with the Rae-Venter Law Group (RVLG), he filed a claim with the Labor Commissioner and obtained an award for unpaid vacation pay, some miscellaneous deductions and expense reimbursements and statutory prejudgment interest. Smith also sought but failed to recover an unpaid bonus and waiting-time penalties. Smith…

Lolley v. Campbell, 28 Cal. 4th 367 (2002)

Chris Lolley filed a claim with the California Labor Commissioner to recover unpaid overtime wages and penalties. The Labor Commissioner awarded the employee $27,216, and the employer appealed to the superior court. At Lolley’s request, the Labor Commissioner determined that Lolley could not afford counsel and agreed to represent him in the superior court action. After…

Vizcaino v. Microsoft Corp., 290 F.3d 1043 (9th Cir. 2002)

In this class action, eight former “freelance” Microsoft workers alleged that the company had improperly deprived them of employee benefits, including participation in the Employee Stock Purchase Plan. Nine years after the case was filed, the parties settled the matter when Microsoft agreed to pay approximately $97 million into a settlement fund. Plaintiffs’ attorneys…