Mani and Pedi workers in wage and overtime dispute. $95,788 bench verdict. San Diego County.

Summary

Nail salon operator said to violate wage and hour laws.

The Case

  • Case Name: Nguyen v. Anh-Ngoc Nguyen dba Lavish Nails and Lounge
  • Court and Case Number: San Diego Superior Court / 37-2014-00020937
  • Date of Verdict or Judgment: Wednesday, April 20, 2016
  • Date Action was Filed: Friday, June 19, 2015
  • Type of Case: Employment
  • Judge or Arbitrator(s): Hon. Katherine Bacal
  • Plaintiffs:
    Thu Nguyen
    Van Huynh
    Thuy Le
    Louis Pham
    Trang Le
  • Defendants:
    Anh-Ngoc Nguyen dba Lavish Nails and Lounge
  • Type of Result: Bench Verdict

The Result

  • Gross Verdict or Award: $95,788
  • Economic Damages:

    $95,788

  • Trial or Arbitration Time: 2 days.

The Attorneys

  • Attorney for the Plaintiff:

    Advantage Law Group, APC by John R. Goffar and Patrick Nellies, San Diego.

  • Attorney for the Defendant:

    Defendant in pro per (represented herself).

Facts and Background

  • Facts and Background:

    Plaintiffs worked for defendant for over four years, performing manicures and pedicures. During that time defendant deducted one dollar per shift to pay for workers' compensation insurance. Plaintiffs were denied rest/meal periods, were not paid for all hours worked and were not paid overtime.

  • Plaintiff's Contentions:

    That defendant violated state wage and hour laws.

  • Defendant's Contentions:

    Defendant contended that no overtime was due and contended that no plaintiff worked overtime at all. Also, that they purchased the store from the prior owner who taught them to do business in the manner in which they did. Lastly, that each plaintiff signed a form allegedly permitting the defendant to deduct money to pay for Worker's Compensation under the guise that it was for supplies.

Demands and Offers

  • Plaintiff Final Demand before Trial: $50,000
  • Defendant Final Offer before Trial: $20,000