Vous êtes sur la page 1sur 15

, For Court use only)

LABOR COMMISSIONER, STATE OF ..i1LIFORNIA


Department of Industrial Relations
Division of Labor Standards Enforcement
7575 Metropolitan Dr., Ste. 210
San Diego CA 92108
Tel: (619) 220-5451 Fax: (619) 767-2020

C 1

1 -9 PM 2: '37
SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF

San Diego
JUDICIAL DISTRICT

Central Division
'LAINTIFF:

Derald Leggitt
DEFENDANT:

DIGITAL EAR, INC., a California Corporation


Court numbc:

7-2016-00015560-CL -EN -CTL


STATE CASE NUMBER

REQUEST THAT CLERK ENTER JUDGMENT AND JUDGMENT ON FINAL


ORDER, DECISION OR AWARD OF THE LABOR COMMISSIONER

10 - 86954 MM

REQUEST THAT CLERK ENTER JUDGMENT


The Order, Decision or Award of the Labor Commissioner has become final and t clerk is requested to enter judgment
immediately in conformity with the accompanying certified copy.
LABOR COMMISSIONER, STATE OF CALIFORNIA
DATED:
May 4, 2016

BY

DEPUTY

inda Aguilar
JUDGMENT

A certified copy of a final Order, Decision or Award of the Labor Commissioner has been filed with this court. Judgment therefore is entered
as follows: Plaintiff recover from Defendant.

83.00 for wages and expenses pursuant to Labor Code Section 98.1;
72.33 for liquidated damages pursuant to Labor Code Section 1194.2;
16.38 interest pursuant to Labor Code Section(s) 98.1(c), 1194.2 and/or 2802(b);
2,160.00 for additional wages accrued pursuant to Labor Code Section 203 as a penalty;
0.00 for penalties pursuant to Labor Code Section 203.1;
0.00 other (specify):
2,331.71 Total Amount of Plaintiff's Award
0.68 for post hearing interest pursuant to Labor Code Section 98.1(c)

225.00 for filing fee, pursuant to Labor Code Section 101, et. seq.
2,557.39 Total Amount of Judgment

I certify this to be a true copy of the judgment entered on


or microfilm, pursuant to CCP 668.5.

MAY 1 0 2016
Clerk, by

DLSE 545(2001) (Rev. 1/12)

(--

in Judgment book

REQUEST THAT CLERK ENTER JUDGMENT

at page

I-

eepduaty Clerk
L.C. 98

TELEPHONE NUMBER

Superior Court of California


County of San Diego

t'or court use only

330 West Broadway, 2nd Floor


San Diego, CA 92101
PLAINTIFF: Derald Leggitt

F 1
1.
E D
tro.-fik4gtitierforeourt

MAY 1 0 2016
DEFENDANT: DIGITAL EAR, INC., a California Corporation

By: L. PINEDA, Depvty

Shazad Berenjian, agent of Service


645 Front St. #1910
San Diego CA 92101

Case Number
10

CLERK'S NOTICE OF ENTRY OF JUDGMENT

86954 MM

To the parties and their attorneys of record: You are hereby notified that the attached copy of the
MAY 1 0 2016
judgment in the above entitled cause was entered on
CLERK'S CERTIFICATE OF SERVICE
I hereby certify that Lam a clerk of the above-named court and not a party to this cause, that I served
a copy of this NOTICE and a copy of the judgment, on the below date, by placing a copy thereof in
separate envelope(s) addressed to:
LABOR COMMISSIONER, STATE OF CALIFORNIA
Department of Industrial Relations
Division of Labor Standards Enforcement
7575 Metropolitan Dr., Ste. 210
San Diego CA 92108

Derald Leggitt
3213 Midway Drive #808
San Diego, CA 92110

Digital Ear, Inc.


Shazad Berenjian, agent of Service
645 Front St. #1910
San Diego CA 92101

and by then sending said envelopt) and depopifipg same with postage fully prepaid thereon, in the
MAY 1 fl 21116
121crin
California on
(7n/ln
United States mail at
Clerk of the Court
by
DLSE 545C (Rev. 3/11)

Provided by the Labor Commissioner for the Court's use

fict

1. Pineda

STATE OF CALIFORNIA
DEPARTMENT OF INDUSTRIAL RELATIONS
DIVISION OF LABOR STANDARDS ENFORCEMENT
CERTIFICATION OF SERVICE BY MAIL
(C.C.P. 1013A) OR CERTIFIED MAIL
, do hereby certify that I am a resident of or employed in the County

T isa M Rriggs
San Diegn

of
, over 18 years of age, not a party to the within action, and that J am
employed at and my business address is:
LABOR COMMISSIONER, STATE OF CALIFORNIA
7575 Metropolitan Dr., Ste. 210
San Diego CA 92108
Tel: (619) 220-5451 Fax: (619) 767-2020
I am readily familiar with the business practice of my place of business for collection and processing
of correspondence for mailing with the United States Postal Service. Correspondence so collected
and processed is deposited with the United States Postal Service that same day in the ordinary course
of business.
On

April 19,

2016

at my place of business, a copy of the following document(s):


Order, Decision or Award

was(were) placed for deposit in the United States Postal Service in a sealed envelope, by
first class mail
, with postage fully prepaid, addressed to:
NOTICE TO:

Derald Leggitt
3213 Midway Drive # 808
San Diego, CA 92110

and that envelope was placed for collection and mailing on that date following ordinary
business practices.
I certify under penalty of perjury that the foregoing is true and correct.

Executed on:

April 19 7016

at

STATE CASE NUMBER: 10-86954 MM


Lisa M. Briggs

DLSE 544/PLT. (3/06)

CERTIFICATION OF MAILING

L.C. 98

STATE OF CALIFORNIA
DEPARTMENT OF INDUSTRIAL RELATIONS
DIVISION OF LABOR STANDARDS ENFORCEMENT
CERTIFICATION OF SERVICE BY MAIL
(C.C.P. 1013A) OR CERTIFIED MAIL
T Ica M Ftriggc
San Diego

do hereby certify that I am a resident of or employed in the County


of
over 18 years of age, not a party to the within action, and that I am
employed at and my business address is:
,

LABOR COMMISSIONER, STATE OF CALIFORNIA


7575 Metropolitan Dr., Ste. 210
San Diego CA 92108
Tel: (619) 220-5451 Fax: (619) 767-2020
I am readily familiar with the business practice of my place of business for collection and processing
of correspondence for mailing with the United States Postal Service. Correspondence so collected
and processed is deposited with the United States Postal Service that same day in the ordinary course
of business.
On

April 19 2016

at my place of business, a copy of the following document(s):


Order Derision or Award

was(were) placed for deposit in the United States Postal Service in a sealed envelope, by
firat Haas mail
with postage fully prepaid, addressed to:
,

NOTICE TO

Digital Ear, Inc.


Shazad Berenjian, agent of Service
645 Front St #1910
San Diego CA 92101

and that envelope was placed for collection and mailing on that date following ordinary
business practices.
certify under penalty of perjury that the foregoing is true and correct.

Executed on:

April 19, 7016

at

STATE CASE NUMBER: 10-86954 MM


Lisa M. Briggs

DLSE 544/DEF. #1 (3/06)

CERTIFICATION OF MAILING

L.C. 98

LABOR COMMISSIONER, STATE' ' 41,1FORNIA


Department of Industrial Relations
Division of Labor Standards Enforcement
7575 Metropolitan Dr., Ste. 210
San Diego CA 92108
Tel: (619) 220-5451 Fax: (619) 767-2020

Derald Leggitt
Defendant:

DIGITAL EAR, INC., a California Corporation

State Case Number


1 0 - 86954 MM

NOTICE OF PAYMENT DUE

You have been served a copy of the Labor Commissioner's Order, Decision or Award.
If the full amount of the sums set forth in the Order, Decision or Award is received by this office
within ten (10 ) days of the date the Order, Decision or Award was served upon you, no
judgment will be entered in this matter.
Payment must be made by certified check, cashier's check or money order (no other tender will be
accepted) made payable to the Plaintiff named in the Order, Decision or Award, and addressed to the
Office of the Labor Commissioner at the address shown above.

DATED: April 18, 2016

la ffeelet
Mark Meeker
619-767-2008

DLSE 550 (Rev. I/11)

Deputy Labor Commissioner

NOTICE OF PAYMENT DUE

L.C. 98

LABOR COMMISSIONER, STK" C "ALIFORNIA


Department of Industrial Relation
Division of Labor Standards Enforcement
7575 Metropolitan Dr., Ste. 210
San Diego CA 92108
Tel: (619) 220-5451 Fax: (619) 767-2020

Plaintiff:

For

ir

Only:

Derald Leggitt
Court Number

Defendant:

DIGITAL EAR, INC., a California Corporation

State Case Number

ORDER, DECISION OR AWARD OF THE LABOR COMMISSIONER

10 86954 MM
-

I. The above-entitled matter came on for hearing before the Labor Commissioner of the State of California as follows:

DATE: December 16, 2015


ECONTINUED TO:
CITY: 7575 Metropolitan Dr., Ste. 210, San Diego, CA 92108
2. IT IS ORDERED THAT: Plaintiff recover from Defendant.
83.00 for wages (with lawful deductions)
72 .33 for liquidated damages pursuant to Labor Code Section 1194.2
0.00 Reimbursable business expenses
16.38 for interest pursuant to Labor Code Section(s) 98.1(c), 1194.2 and/or 2802(b),
additional wages accrued pursuant to Labor Code Section 203 as a penalty and that sante shall not be
2 , 160.00 forsubject
to payroll or other deductions.
0.00 for penalties pursuant to Labor Code Section 203.1 which shall not be subject to payroll or other deductions.
0.00 other (specify):
2,331.71 TOTAL AMOUNT OF AWARD
3. The herein Order, Decision or Award is based upon the Findings of Fact, Legal Analysis and Conclusions attached hereto and
incorporated herein by reference.
4. The parties herein are notified and advised that this Order, Decision or Award of the Labor Commissioner shall become final and
enforceable as a judgment in a court of law unless either or both parties exercise their right to appeal to the appropriate court* within
ten (10) days of service of this document. Service of this document can be accomplished either by first class mail or by personal
delivery and is effective upon mailing or at the time of personal delivery. If service on the parties is made by mail, the ten (10) day
appeal period shall be extended by five (5) days. For parties served outside of California, the period of extension is longer (See Code
of Civil Procedure Section 1013). In case of appeal, the necessary filing fee must be paid by the appellant and appellant must,
immediately upon filing an appeal with the appropriate court, serve a copy of the appeal request upon the Labor Commissioner. If an
appeal is filed by a corporation, a non-lawyer agent of the corporation may file the Notice of Appeal with the appropriate court, but
the corporation must be represented in any subsequent trial by an attorney, licensed to practice in the State of California. Labor Code
Section 98.2(c) provides that if the party seeking review by filing an appeal to the court is unsuccessful in such appeal, the court shall
determine the costs and reasonable attorney's fees incurred by the other party to the appeal and assess such amount as a cost upon the
party filing the appeal. An employee is successful if the court awards an amount greater than zero.
PLEASE TAKE NOTICE: Labor Code Section 98.2(b) requires that as a condition to filing an appeal of an Order, Decision or
Award of the Labor Commissioner, the employer shall first post a bond or undertaking with the court in the amount of the ODA; and
the employer shall provide written notice to the other parties and the Labor Commissioner of the posting of the undertaking. Labor
Code Section 98.2(b) also requires the undertaking contain other specific conditions for distribution under the bond. While this claim
is before the Labor Commissioner, you are required to notify the Labor Commissioner in writing of any changes in your business or
personal address within 10 days after any change occurs.
Superior Court of California
,County of San Diego
130 West Broadway, 2nd Floor
San DiegoLCA 92101

DATED: April 18, 2016


DLSE 535 (Rev. 1/12)

LABOR COMM

IONER STATE OF CALIFORNIA

AP:
BY

.41111(..ca 41,

a Aguilar
ORDER, DECISION OR AWARD OF THE LABOR COMMISSIONER

fr HEARING OFFICER
L.C. 98

DEPARTMENT OF INDUSTRIAL RELATIONS


DIVISION OF LABOR STANDARDS ENFORCEMENT

1
2
3

In the Matter of

State Case Number

10-86954-MM

4
5

DERALD LEGGITT
(Plaintiff)

ORDER, DECISION OR AWARD


OF THE LABOR COMMISSIONER

6
)

7
8

V.
DIGITAL EAR, INC.,
A CALIFORNIA CORPORATION
(Defendant)

10
11
12
13
14

APPEARANCES FOR PLAINTIFF:


Derald Leggitt (Plaintiff)
APPEARANCES FOR DEFENDANT:
No appearances
OBSERVER:
Kimberly Leggitt

BACKGROUND

15
16
17
18

The Plaintiff filed an initial report or claim with the Labor Commissioner's office on
May 6, 2015. The complaint raises the following allegations:
1.

That the Plaintiff is entitled to recover from the Defendant $83.00 for the

19

balance due for regular and overtime wages earned in the period January 19, 2015 to

20

February 2, 2015, being 51 regular hours at $9.00 per hour and 2.37 overtime hours at

21

$13.50 per hour, for a total earnings of $491.00, less $408.00 previously paid.

22

2.

That the Plaintiff is entitled to recover from the Defendant penalties pursuant

23

to the provisions of Labor Code Section 203 at the rate of $72.00 per day for an

24

indeterminate number of days not to exceed thirty (30) days.

25'
26

3.

That the Plaintiff is entitled to recover from the Defendant $72.33 for liquidated

damages pursuant to the provisions of Labor Code Section 1194.2.

27

Page 1

1
2
3
4
5
6

4. That the Plaintiff is entitled to recover from the Defendant interest pursuant to
the provisions of Labor Code Section 98.1.
On December 16, 2016, a hearing was conducted at the Labor Commissioner's office
in San Diego, California. The hearing was presided over by the undersigned hearing
officer designated by the Labor Commissioner to hear the matter.
The Plaintiff appeared pro persona.
The Defendant's agent was served at the address of record listed with the California
Secretary of State but failed to appear at the hearing and did not file an answer to the

complaint.

10

Kimberly Ileggitt, the Plaintiff's wife, observed the hearing.

11

Due consideration having been given to the testimony, documentary evidence, and

12

arguments presented, the Labor Commissioner hereby adopts the following Order,

13

Decision or Award.

14

FINDINGS OF FACT

15

The Defendant operates a business involved in the sales of home theater and audio

16

systems. The Plaintiff was employed by the Defendant to perform personal services

17

as a Salesman for the period January 18, 2015 to March 27, 2015. The Plaintiff testified

18

he worked 51 regular hours at $9.00 per hour and 2.37 overtime hours at $13.50 per

19

hour, earning total wages of $491.00. The Plaintiff testified he would e-mail his

20

worked hours to his manager. The Plaintiff testified that the Defendant did not pay

21

him correctly and that he received $408.00 from the Defendant for the payment

22

wages earned during the period of January 18, 2015 to March 27, 2015.

23

a his

The Plaintiff testified he quit without notice on March 27, 2015 and informed his

24

manager that he was quitting effective immediately. The Plaintiff testified he worked

25

an average of 8 hours a day, earning a daily rate of $72.00.

26
27

Page 2

LEGAL ANALYSIS

1
2

The wages, hours and working conditions of the Defendant's employees are

regulated by the provisions of the California Labor Code and Industrial Welfare

Commission Orders.

In these administrative hearings, the Plaintiff has the initial burden of proof. 1

"Burden of proof" is defined in California Evidence Code Section 115 as follows:

"Burden of proof" means the obligation of a party to establish by evidence a requisite

degree of belief concerning a fact in the mind of the trier of fact or the court. In these

administrative hearings the trier of fact is the Hearing Officer.


California Evidence Code Section 115 also provides "Except as otherwise provided

10

by law, the burden of proof requires proof by a preponderance of the evidence."

"Evidence" is defined in California Evidence Code Section 140 as follows:

12
13

"Evidence" means testimony, writings, material objects, or other things presented to

14

the senses that are offered to prove the existence or nonexistence of a fact.
"Preponderance of the evidence" means that evidence that, when weighed with that

15
16

opposed to it, has more convincing force and the greater probability of truth. 2

17

In that the Defendant failed to appear at the hearing and did not file an answer to

18

the complaint, there is nothing before the Hearing Officer to deny or mitigate the

19

Plaintiff's complaint.

20

That being said, Labor Code Section 98(f) provides, in part, "If the defendant fails to

21

appear or answer within the time allowed under this chapter, no default shall be

22
23
24

California Evidence Code Section 500 et seq.


California Labor Code Section 3202.5 provides, in relevant part, "Preponderance of the evidence" means
that evidence that, when weighed with that opposed to it, has more convincing force and the greater
probability of truth. When weighing the evidence, the test is not the relative number of witnesses, but the
relative convincing force of the evidence."
1

25
26
27

Page 3

1
2

taken against him or her, but the Labor Commissioner shall hear the evidence offered
and shall issue an order, decision, or award in accordance with the evidence."

WAGES

3
4

The Plaintiff's complaint alleges, in part, that the Plaintiff is entitled to recover from

the Defendant $83.00 for the balance due for regular and overtime wages earned in

the period January 19, 2015 to February 2, 2015, being 51 regular hours at $9.00 per

hour and 2.37 overtime hours at $13.50 per hour, for a total earnings of $491.00, less
$408.00 previously paid.

Labor Code Section 200 defines wages as "...all amounts for labor performed by

10

employees of every description, whether the amount is fixed or ascertained by the

11

standard of time, task, piece, commission basis, or other method of calculation."

12

Labor Code Section 510 provides, in relevant part, "Eight hours of labor constitutes a

13

day's work. Any work in excess of eight hours in one workday and any work in excess

14

of 40 hours in any one workweek and the first eight hours worked on the seventh day

15

of work in any one workweek shall be compensated at the rate of no less than one and

16

one-half times the regular rate of pay for an employee. Any work in excess of 12

17

hours in one day shall be compensated at the rate of no less than twice the regular rate

18

of pay for an employee. In addition, any work in excess of eight hours on any seventh

19

day of a workweek shall be compensated at the rate of no less than twice the regular

20

rate of pay of an employee."

21
22
23
24
25
26

Concerning this portion of the Plaintiff's complaint, the evidence supports a finding
that the Plaintiff has met the burden of proof as required by law.
Therefore, the Plaintiff is entitled to recover from the Defendant $$83.00 for the
balance due for regular and overtime wages earned in the period January 19, 2015 to
February 2, 2015, being 51 regular hours at $9.00 per hour and 2.37 overtime hours at
$13.50 per hour, for a total earnings of $491.00, less $408.00 previously paid.

27

Page 4

UNPAID FINAL WAGES PENALTIES

The Plaintiff's complaint alleges, in part, that the Plaintiff is entitled to recover from

the Defendant penalties pursuant to the provisions of Labor Code Section 203 at the

rate of $72.00 per day for an indeterminate number of days not to exceed thirty (30)

days.

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21

California Labor Code Section 203 provides, in relevant part, "If an employer
willfully fails to pay, without abatement or reduction, in accordance with Sections 201,
201.5, 202, and 205.5, any wages of an employee who is discharged or who quits, the
wages of the employee shall continue as a penalty from the due date thereof at the
same rate until paid or until an action therefor is commenced; but the wages shall not
continue for more than 30 days. An employee who secretes or absents himself or
herself to avoid payment to him or her, or who refuses to receive the payment when
fully tendered to him or her, including any penalty then accrued under this section, is
not entitled to any benefit under this section for the time during which he or she so
avoids payment."
The California Code of Regulations Title 8, Section 13520 defines "willful" as
follows: "A willful failure to pay wages within the meaning of Labor Code Section 203
occurs when an employer intentionally fails to pay wages to an employee when those
wages are due. However, a good faith dispute that any wages are due will preclude
imposition of waiting time penalties under Section 203.(a) Good Faith Dispute. A
"good faith dispute" that any wages are due occurs when an employer presents a

22

defense, based in law or fact which, if successful, would preclude any recover on the
23

part of the employee. The fact that a defense is ultimately unsuccessful will not
24

preclude a finding that a good faith dispute did exist. Defenses presented which,
25

under all the circumstances, are unsupported by any evidence, are unreasonable, or
26

are presented in bad faith, will preclude a finding of a "good faith dispute."
27

Page 5

California Labor Code Section 202 provides, in relevant part, "If an employee not
2

having a written contract for a definite period quits his or her employment, his or her

wages shall become due and payable not later than 72 hours thereafter, unless the

employee has given 72 hours previous notice of his or her intention to quit, in which

case the employee is entitled to his or her wages at the time of quitting.
Notwithstanding any other provision of law, an employee who quits without

providing a 72-hour notice shall be entitled to receive payment by mail if he or she so

requests and designates a mailing address. The date of the mailing shall constitute the

date of payment for purposes of the requirement to provide payment within 72 hours

10
11

of the notice of quitting."


California Labor Code section 208 provides, "Every employee who is discharged

12

shall be paid at the place of discharge, and every employee who quits shall be paid at

13

the office or agency of the employer in the county where the employee has been

14

performing labor. All payments shall be made in the manner provided by law."

15
16
17
18
19
20
21

The evidence supports a finding that the Plaintiff quit and did not provide seventytwo (72) hours advanced notice thereof.
The evidence supports a finding that the Plaintiff's final wages remain unpaid or
were paid more than thirty (30) days after they were due.
Concerning this portion of the Plaintiff's complaint, the evidence supports a finding
that the Plaintiff has met the burden of proof as required by law.
Therefore, the Plaintiff is entitled to recover from the Defendant $2,160.00 for

22

penalties pursuant to the provisions of Labor Code Section 203 being $72.00 per day

23

for thirty (30) days.

24
25
26
27

Page 6

LABOR CODE SECTION 1194.2


LIQUIDATED DAMAGES

1
2
3

The Plaintiff's complaint alleges, in part, that the Plaintiff is entitled to recover from

the Defendant $72.33 for liquidated damages pursuant to the provisions of Labor

Code Section 1194.2.

Labor Code Section 1194.2 provides, "(a) In any action under Section 98, 1193.6, or

1194 to recover wages because of the payment of a wage less than the minimum wage

fixed by an order of the commission or by statute, an employee shall be entitled to

recover liquidated damages in an amount equal to the wages unlawfully unpaid arid

10

interest thereon. Nothing in this subdivision shall be construed to authorize the

11

recovery of liquidated damages for failure to pay overtime compensation.

12

(b) Notwithstanding subdivision (a), if the employer demonstrates to the satisfaction

13

of the court or the Labor Commissioner that the act or omission giving rise to the

14

action was in good faith and that the employer had reasonable grounds for believing

15

that the act or omission was not a violation of any provision of the Labor Code

16

relating to minimum wage, or an order of the commission, the court or the Labor

17

Commissioner may, as a matter of discretion, refuse to award liquidated damages or

18

award any amount of liquidated damages not exceeding the amount specified in

19

subdivision (a). (c) This section applies only to civil actions commenced on or after

20

January 1, 1992."

21

Industrial Welfare Commission Order 4-2001, Section 4, Minimum Wage, provides

22

in relevant part "(B) Every employer shall pay to each employee, on the established

23

payday for the period involved, not less than the applicable minimum wage for all

24

hours worked in the payroll period, whether the remuneration is measured by time,

25

piece, commission, or otherwise."

26
27

The evidence supports a finding that for the period of the complaint, the Plaintiff
was not paid the minimum wage, when due, for all hours worked.
Page 7

1
2
3

Therefore, the Plaintiff is entitled to recover from the Defendant $72.33 in liquidated
damages (53.37 hours worked x $9.00 per hour less $408.00 paid) pursuant to the
provisions of Labor Code Section 1194.2.

LABOR CODE SECTIONS 98.1


INTEREST ON AWARDS

4
5
6

The Plaintiff's complaint alleges, in part, that the Plaintiff is entitled to recover from
the Defendant interest pursuant to the provisions of Labor Code Sections 98.1.

8
9

Labor Code Section 98.1(c) provides, "All awards granted pursuant to a hearing
under this chapter shall accrue interest on all due and unpaid wages at the same rate

10

as prescribed by subdivision (b) of Section 3289 of the Civil Code. The interest shall

11

accrue until the wages are paid from the date that the wages were due and payable as

12

provided in Part 1 (commencing with Section 200) of Division 2."

13
14

In that a portion of the Plaintiff's award is for due and unpaid wages and liquidated
damages, the Plaintiff is entitled to interest on the award.

15

CONCLUSION

16

For all of the reasons set forth above, it is hereby ordered that the Plaintiff is entitled
17

to recover from the Defendant a total of $2,331.71 calculated as follows:


18

1.

$83.00 for wages

2.

$2,160.00 for penalties pursuant to the provisions of Labor Code Section 203

3.

$72.33 for liquidated damages pursuant to the provisions of Labor Code Section

19
20
21

1194.2.
22

4.

$16.38 for interest pursuant to the provisions of Labor Code Section 98.1

23
24

Dated: April 18, 2016


25
26

Linda Aguilar
Hearing Officer

27

Page 8

STATE OF CALIFORNIA
DEPART \ 1EN I OF INDLSTRIAL RELATIONS
Di\ ision of Labor Standards Enforcement
7573 Nletrorolitan NI\
211.)
San Diego. C.1 1)210S
(61 0 ) 220-5431

G. 13rm n. jr.

ou

rt 1

"I hereby certify that the herein contained document is a full, true and correct copy of the
final Order, Decision or Award of the Labor Commissioner served on the parties herein."

State of California
Department of Industrial Relations

By
Aguilar
'or Deputy Labor Commissioner