Preliminary Approval Granted For CVS’s 620.86 PHP Million Unpaid Wages Settlement

A California judge granted preliminary approval to CVS’s $12.75 million settlement for claims owing roughly 78,000 workers unpaid wages during off-the-clock bag checks. In June of 2013, the plaintiff’s causes of action for failure to pay wages, failure to provide accurate itemized statements of hours worked, unfair competition, and recovery of civil penalties under the […]

Tip Credit System: Are You Receiving What You Are Entitled To?

In the employment law wage and hour niche, there are few actions more risky than the tip credit system. If you are unfamiliar with the tip credit system, the general rule is that tips do not belong to employers, they are the personal property of the employee. According to the Fair Labor Standards Act, employers […]

Wage and Hour Claims: Am I being properly compensated for the hours I work?

Wage and hour claims in California have been increasing in recent years due to changing employment laws and employee awareness. Still many employers fail to properly pay their employees for the hours they work. Although this may be intentional in some circumstances, many employers do not keep current with wage and hour laws and they […]

Professional Cheerleaders to be Treated as Employees Under New California Law

On July 15, 2015, Governor Jerry Brown signed Assembly Bill 202 into law. The Bill requires professional sports teams to treat professional cheerleaders as employees under the new California employment law. The aim of the new law is to provide more protection for cheer athletes in California from being paid less than minimum wage. The […]

Aiman-Smith & Marcy Secures Class Certification in Employment Law Class Action Lawsuit Against Telecom Network Specialists, Inc. (“TNS”)

Call Oakland labor and employment firm Aiman-Smith & Marcy to find out if you have grounds to file a lawsuit in pursuit of the justice that you deserve.

More than 1,000 cell site workers acquire class action certification for alleged unpaid wages, including missed meal and rest break and overtime pay. LOS ANGELES, CA (PRWEB) SEPTEMBER 30, 2015 The Honorable Judge John Wiley, Jr., presiding over the Superior Court of California, Los Angeles County, Department 311 certified the plaintiff class in Benton v. […]

Man Insists on Enforcing Extended Warranty

Bryn bought a Healthmaster Blender several years ago. He also bought the extended warranty that covered the product for an extra seven years. When his blender broke down with two years left on the extended warranty, he called the company. The company wanted to sell him a refurbished model for an extra $75.00 at first. […]

eBay Settles Class Action for 313.98 PHP Million

eBay has agreed to settle a lawsuit for $6.4 million while still not admitting fault. The class action that it is settling stated that it charged sellers with listing fees that were not included in the disclosures. If you have used “Good Til Cancelled” listings on eBay and were charged these disputed fees, then you […]

Dreyer’s Sales Representative Overtime Class Action Claim

In 2012, eleven workers had filed a class action claim against Nestle Dreyer’s Ice Cream Company, maintaining it fell short of paying sales representatives overtime, held back pay, and gave erroneous wage statements. The workers claimed in the wage and labor class action claim that Dreyer’s misclassified workers who frequently execute retailing and non-sales tasks […]

Another Ex-SpaceX Worker Takes Legal Action Against Supposed Labor Law Violations

On August 12, 2014, nonentity rocket maker and sweetheart of the profitable space industry SpaceX was confronting another lawsuit over its labor procedures. In the second of two claims filed in Los Angeles County a week ago, a previous worker claimed that the rocket producer breached state labor laws by refusing employees breaks and expecting […]

Apple Confronts California Class Action Claim for Meal Breaks, Unpaid Wages

On July 26, 2014, a California state court had allowed the class documentation to about 21,000 Apple workers presently and previously retained by the Cupertino-based corporation. The lawsuit was subject to claims that the corporation had refused their workers with appropriate meal and rest breaks and still the opportune delivery of their most recent paychecks. […]

Lisseth Bayona

Attorney

Education and Background

I am a Los Angeles native and daughter of Salvadorian immigrants. From an early age, my parents instilled the value of hard work and education in me and my two siblings. Their perseverance enabled each of us to graduate from college and earn professional degrees.

My interest and commitment to workers’ rights have roots in my parents’ experiences as undocumented workers in Los Angeles. Witnessing the challenges they faced inspired me to pursue a career where I can help individuals confronted with similar struggles. To help someone in those moments is very satisfying. I love connecting with people and learning about their stories. I believe that dignity in the workplace is a right of all workers, not a convenience or privilege reserved for employees of a certain race, gender, age, sexual orientation, or gender identity.

Legal Experience

I received my J.D. from the University of Southern California (USC) Gould School of Law. While there, I served as a judicial extern to the Honorable Patrick J. Walsh of the United States District Court for the Central District of California, where I drafted a criminal judicial opinion. Also, while at Gould, I served as an extern for the U.S. Attorney’s Office for the Central District of California. As a Criminal Division Extern, I had the opportunity to work closely with a trial team of Assistant U.S. Attorneys on a money laundering case which further sparked my interest in litigation.

Personal Interests

In my free time, I enjoy urban vegetable gardening, traveling, and spending time with my nephew and niece. I also love to spend time at San Onofre Beach learning to surf, although admittedly, I am not very good.

Education

 

Hallie L. Von Rock

Attorney (SBN 233152)

Education and Background

I moved to the Bay Area from Washington after graduating high school. I had been accepted to UC Berkeley through a program where I could defer for two years while getting my California residency and attending community college, which was significant since I was paying for college on my own. I began working for Randall Aiman-Smith and Reed Marcy in 1996 as an office manager while taking night classes. My first foray into the legal world was soon after starting at the firm when I was ready to transfer to UC Berkeley. Rather than accepting my resident status, the Board of Regents took the position that California residency required a student to be in California “two calendar years.” Randall and Reed took up my case with the same verve as they helped their actual clients and I got the chance to comb through the UC Berkeley library to read their codes and regulations to support my position. In that experience, I learned what is was like to feel helpless against a big organization and then to have dedicated attorneys in my corner to take up my cause.

After a break to pursue my major in art history, I went to UC Hastings College of Law and continued working with Randall and Reed. Having worked together now for over 25 years, we have a unique ability to work collaboratively and finish each other’s sentences. I have strived throughout my career to make a difference in the lives of our clients. At the end of the day, if I am helping someone to get compensation for losses they suffered, then I know that all the work put into a case has been worth it.

Legal Experience

I have extensive experience in civil litigation and class action cases, including conducting discovery and depositions, calculating damages analysis, preparing motions for certification, writing appellate documents, and overseeing claims administration. We have handled several class actions against retailers where plaintiffs claimed they were forced to purchase clothing to wear to work and were not compensated for these purchases, including against Abercrombie & Fitch, Hugo Boss, Armani Exchange, Uniqlo, Dollar Tree, and Ross. Recently, I was trial counsel in a defamation claim against Bank of America on behalf of a former employee who claimed the Bank blacklisted her with future employers. The jury found Bank of America liable, including for punitive damages.

Personal Interests

Aiman-Smith & Marcy has sponsored me in the Boston Marathon and New York Marathon. When I race, I often wear a “Rockstar Ronan” shirt to support research for childhood cancer through The Ronan Thompson Foundation.

Education

University of California, Berkeley, B.A., 1999

Hastings College of the Law, University of California, J.D., 2004

Randall Aiman-Smith

Abogado (SBN 124599)

Aiman-Smith & Marcy. Oakland consumer fraud attorneys.

Educación y antecedentes

Fui afortunado. A pesar de no haber terminado la escuela secundaria o la universidad, pude -aunque con mucho trabajo- ser admitido y sobresalir en una de las mejores escuelas de derecho del país: La Facultad de Derecho de la Universidad de Berkeley. Mientras estuve allí, tuve el privilegio de ser editor de la California Law Review y miembro del Moot Court Board, asesorando en la redacción de escritos y en la defensa de apelaciones a otros estudiantes. Después de salir de la escuela de derecho, en mis primeros años de práctica, enseñé la escritura legal y la defensa de apelación en la Universidad de California, Hastings College of the Law. También, a lo largo de los años, he sido presentador en eventos de educación legal continua.

Experiencia legal

He sido abogado durante 35 años. He dedicado mi práctica exclusivamente a representar a empleados, consumidores e inversores en los tribunales estatales y federales de primera instancia y en los tribunales de apelación. Me gusta ir a los tribunales por mis clientes y he llevado muchos casos con jurado en los tribunales estatales y federales.

¿Ejemplos? En 2010, fui la abogada principal, junto con los otros abogados del bufete, en el caso Williams v. Union Pacific Railroad donde, después de cuatro años de preparación, el bufete obtuvo un veredicto del jurado de 1.670.000 dólares para una empleada afroamericana. En Rivero v. Surdyka, fui el abogado principal en el juicio y la apelación de un caso de derechos civiles que duró 15 años, incluyendo un juicio completo y tres apelaciones al Noveno Circuito, concluyendo finalmente con una sentencia para los demandantes de más de 2.300.000 dólares. Estos casos ilustran el lema del bufete: compromiso – resultados. Hay que comprometerse con un caso, a veces durante mucho tiempo, para obtener el resultado que el cliente merece.

No siempre ganamos en el juicio. Cuando eso ocurre, el compromiso significa llevar el caso al siguiente nivel y recurrirlo. En el caso Rivero, antes mencionado, eso fue lo que ocurrió: el tribunal desestimó el caso -habíamos perdido- pero apelamos y conseguimos una victoria para nuestros clientes que mantuvimos a través de dos apelaciones más. Desde entonces, el bufete ha conseguido muchas victorias en apelación que reivindican los derechos de los empleados y los consumidores.

A lo largo de los años he sido abogado de los demandantes en numerosos casos individuales y acciones colectivas. Puede sonar cursi, o difícil de creer, pero después de todo este tiempo, y después de todas las grandes experiencias que he tenido, mi parte favorita de ser abogado es cuando consigo dar un cheque a mi cliente.

 

Educación

Facultad de Derecho, Universidad de California, Berkeley, J.D., 1986