Azadeh Malek, a 2L at SCU School of Law negotiated a $30,000 settlement on behalf of her client at the Katharine and George Alexander Community Law Center (KGACLC), in less than three months. Mr. A. was referred to the KGACLC after he learned that his employer failed to pay him for his overtime hours. Mr. A. was employed by a local restaurant as a cook. To avoid paying his overtime rate, his employer asked him to use two different names and social security numbers. He consented without understanding the ramifications. He worked 13 hours per day for three consecutive years.
In December 2007, the employer closed down the restaurant and Mr. A was fired. After seeking assistance from the KGACLC, Azadeh immediately interviewed the client and filed a claim on his behalf. The claim, which totaled $41,938, included $23,522 for unpaid overtime, $14,616 for denial of meal and rest breaks and $3,800 for penalties.
On April 1, 2008, a settlement conference was held at the Labor Commission’s office. The employer was represented by a local attorney. After extensively negotiating for 3.5 hours, a settlement was reached for $30,000. The client obtained full recovery for his overtime hours and partial recovery for meal and rest break violations.
Mr. A expressed much gratitude for the KGACLC and Azadeh’s legal assistance. This recovery came to him at an opportune time in his life as he and his wife are expecting a new baby.
