Robinson v. Open Top Sightseeing San Francisco, LLC

Filing 239

JUDGMENT. Signed by Judge Phyllis J. Hamilton on 2/14/2018. (pjhlc2, COURT STAFF) (Filed on 2/14/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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HAROLD C. ROBINSON, et al.,

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Case No. 14-cv-00852-PJH

Plaintiffs,

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v.

JUDGMENT

OPEN TOP SIGHTSEEING SAN
FRANCISCO, LLC,

United States District Court
Northern District of California

Defendants.
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This action came before the court for a bifurcated trial. A trial by jury was held on

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October 2, 2017, with the undersigned judge presiding. On October 5, 2017, the jury

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rendered a verdict against defendant Open Top Sightseeing San Francisco, LLC (“Open

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Top”) and in favor of plaintiffs that Open Top’s violation of the Fair Labor Standards Act

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(“FLSA”) was willful, and that Open Top knowingly and intentionally failed to provide

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plaintiffs with accurate wage statements because the operators’ wage statements failed

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to set forth the applicable overtime worked and Open Top’s full legal name. The jury also

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rendered a verdict in favor of defendant and against plaintiffs that Open Top did not fail to

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provide plaintiffs with rest breaks.

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A bench trial addressing damages and penalties was held before the undersigned
judge on October 10, 2017. The court found the following:
Plaintiffs take nothing under California Labor Code § 226.7 because Open Top did
not fail to provide rest breaks to class members.

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The parties having stipulated that the UCL overtime restitution amount for plaintiffs

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claim brought under California Business and Professions Code § 17200 is $410,000, the

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court awards plaintiffs $410,000.
The court awards prejudgment interest totaling $130,217.26 on plaintiffs UCL

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overtime restitution.
The court granted plaintiffs’ motion for summary judgment on Open Top’s liability

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on the overtime claim under the FLSA and for liquidated damages under the same.

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However, plaintiffs’ FLSA overtime award is subsumed by the UCL overtime restitution

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and plaintiffs did not present sufficient evidence during the bench trial to support a

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liquidated damages award. Plaintiffs therefore take nothing for their FLSA cause of

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action.
The jury verdict found that Open Top failed to provide plaintiffs with accurate wage

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United States District Court
Northern District of California

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statements as required by California Labor Code § 226 because the wage statements did

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not include applicable overtime worked or Open Top’s full legal name. Plaintiffs take

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nothing under the latter theory because no argument was presented. The court,

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however, finds that Open Top violated § 226 one hundred twenty-eight times by failing to

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include applicable overtime in plaintiffs’ wage statements, for total statutory penalties of

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$6,400. The court also awards plaintiffs $12,800 in civil penalties under California Labor

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Code § 2699(f)(2) based on the § 226 violations. Penalties recovered under § 2699(f)(2)

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should be distributed in accordance with § 2699(j).

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The court granted plaintiffs’ motion for summary judgment on Open Top’s liability

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under California Labor Code § 203. The court awards plaintiffs $311,417 under § 203, as

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supported by plaintiffs’ expert’s testimony. Plaintiffs take nothing under § 2699 based on

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Open Top’s violations of § 203 because § 2699 is not the applicable civil penalty statute.

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The court finds there is no basis to issue injunctive relief.

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Consequently,

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it is Ordered, Adjudged and Decreed

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that judgment be entered in favor of plaintiffs in accordance with the above in the

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amount of $870,834.26 and against defendant Open Top. Any party may file their/its

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application for fees and costs associated with only those claims for which they/it were the
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prevailing party, pursuant to and as provided by applicable statutes and rules.
IT IS SO ORDERED.
Dated: February 14, 2018
__________________________________
PHYLLIS J. HAMILTON
United States District Judge

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United States District Court
Northern District of California

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