Bryan Schwartz Law Announces Jury Verdict for Minimum Wage Class Action
Plaintiff Wrongfully Terminated from Server Job
She Lost only $3,000 in Wages but Recovers over $375,000 in Damages
Oakland, CA – Today, employment and civil rights attorney
Bryan Schwartz announced a jury verdict won in Orange County Superior Court,
complex division (Hon. William D. Claster), on behalf of a lead class plaintiff,
Amanda Quiles, in her suit alleging unpaid minimum wages. Just a few weeks after
filing her class action, the company, Koji’s Japan, Inc., and its owner, Arthur
J. Parent, Jr., fired Quiles.
Quiles brought her case against the small sushi restaurant
chain in November 2010 as a class action alleging wage violations, which is still
pending. Quiles, who was still employed there as a server, was promptly fired. Though
the jury found her wage loss damages from being fired were very limited (she
worked for minimum wage plus tips, and got a new job within a couple months), she
asserted a retaliation claim under the federal Fair Labor Standards Act, 29 USC
215(a)(3).
“We have to protect our clients who are brave enough to step
forward and assert class claims,” said Schwartz, celebrating the victory.
Years after filing suit, Quiles and her attorneys learned
that the company's owner, Parent, told his subordinate managers to "get
rid of her," and "leave a paper trail."
Parent closed his restaurants in 2012, hoping the suit would
vanish, but it did not. The plaintiff and Schwartz’s firm redoubled their efforts
to hold Parent personally responsible. He filed personal and corporate
bankruptcy the first day of trial in January 2015, but Quiles’s attorneys
obtained a stay from the Chapter 7 action as to the restaurants, and his Chapter
13 individual bankruptcy was dismissed. In May 2015, Parent was sanctioned over
$50,000 to pay Quiles’s attorneys’ fees and costs for dealing with the
bankruptcy, by the United States District Court for the Central District of
California, for his frivolous, strategic bankruptcy filing.
After a bench trial over the course of several weeks last
year, the court found that Parent was a joint employer under the FLSA because
he had "absolute control" over the restaurant chain and had the
"ability if not the inclination" to enforce the wage laws.
Plaintiff offered to settle the case for $20,000 plus her
fees and costs in fall 2015, but Parent ignored the offer. In October and
December 2015, Quiles and her counsel arrived to try the case, but it was
delayed until February 2016. In October 2015, however, the trial court
permitted the addition of a punitive damages claim, which ultimately proved
very substantial.
The jury’s verdict on March 2 and 3, 2016 was for $3,000 in
lost wages, plus $27,500 in compensatory damages, plus $350,000 in punitive
damages - with liquidated damages (and attorneys’ fees and costs) still to be
determined by the court.
During the trial, Parent was impeached as to his whereabouts
when the lawsuit was served. He claimed that he had not seen the lawsuit before
Quiles was fired, in early December 2010. Plaintiff’s counsel first attempted
service on November 24, 2010 - the day before Thanksgiving. Parent was then
shown an email which was forwarded from his account, later that same day,
mentioning the lawsuit in the subject line.
Parent then invented a story that he was in Hawaii that day,
and might have been "on a cruise," and did not have email access, so
it must have been one of his subordinates who sent the email from his
account. However, evidence of his postings on his public Facebook
page showed that he did go to Hawaii, but on November 25th. The title of his
picture posted on Facebook was "At the Airport, LAX, Thanksgiving
Day." He was not on a cruise, but rather, sitting in first class on a
plane. Another image from Facebook showed him standing on the beach at Waikiki
at sunset on Thanksgiving.
In the punitive damages phase of trial, the jury heard about
Parent's 103-foot yacht, and plaintiff’s
counsel used a long tape measure to show how big the yacht was (more than twice
the length of the courtroom) that Parent was riding around on, while Quiles was
fighting to get her minimum wages paid.
“I am so grateful to the jury, and to my attorneys, for
finally bringing me justice,” said Quiles, who still works as a server. “Maybe
someday I will open my own restaurant with this money – but I will pay my
workers properly and give back to my community!”
The case is Amanda Quiles, et al. v. Koji’s Japan, Inc., and
Arthur J. Parent, Jr., case number 30-2010-00425532-CU-OE-CXC, in the Superior
Court for the County of Orange.
# # #
About Bryan Schwartz
Law
The firm's principal, Bryan Schwartz, opened the practice in
January 2009. Bryan Schwartz Law is dedicated to continuing the struggle for
civil rights and equality of employment opportunity and helping Americans from
every background to achieve their highest career potential. The firm focuses on
individual, class, and collective actions involving discrimination and
retaliation, harassment, denied disability accommodations, whistleblower
reprisal, wage and hour violations, federal employees' rights, and severance
negotiations.
Bryan Schwartz Law is located at 1330 Broadway, Suite 1630,
Oakland, CA 94612. The telephone number is (510) 444-9300. For more
information, please click on www.BryanSchwartzLaw.com
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