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Law Offices of Steven D. Waisbren Goes After Marijuana Dispensary
Marijuana Dispensary Sued For Violations Of California Labor Code
The lawsuit has been filed on behalf of a named former employee and unnamed employees of Peace of Green, alleging a failure to pay overtime wages [Labor Code, Sections 510, 558, 1194, and 1198]; denial of meal and rest breaks [Labor Code, Sections 512 and applicable Wage Orders]; failure to maintain proper records [Labor Code, Sections 1174 and 1174.5]; failure to provide accurate itemized statements [Labor Code, Sections 226 and 226.3]; failure to pay wages on established paydays [Labor Code, Sections 204 and 210]; failure to pay wages at time of employment discharge [Labor Code, Sections 201, 202, 203, and 227.3]; and Unfair Competition pursuant to the California Business and Professions Code 17200, et.seq. Under California law, Mr. Gonzalez and Mr. Vittorio can be found personally liable for violations of the California Labor Code if they are determined to have had direct or indirect control over the wages, hours, or working conditions of the affected employees. The complaint filed on behalf of the plaintiff makes those allegations.
Additional allegations exist against Peace of Green, Inc. for improper designation of one or more employees as independent contractors, which can result in significant penalties under California law.
Steven D. Waisbren, acting as counsel on behalf of the plaintiff in this matter, is seeking unspecified damages against Peace of Green, Inc., and the other defendants for unpaid wages, statutory interest, and attorney's fees. The plaintiff is further seeking the imposition of statutory and civil penalties against the defendants pursuant to the Private Attorney General's Act of 2004 ("PAGA"), which permits an employee to recover a percentage of such penalties; the recovery of which was previously the exclusive domain of the California Labor Commission. The defendants have denied any liability.
Although a trial date has not yet been set in this matter, it is anticipated that trial will begin in the early part of 2015.
Steven D. Waisbren - Attorney at Law