Workers’ Rights students at the Katharine and George Alexander Community Law Center recently negotiated an $88,000 settlement for their client. The client, a low-income, produce delivery driver worked six days per week, eleven hours per day for nearly four years, earning $400 per week. The client, Mr. L, attended the Worker’s Rights Clinic in early 2005 seeking one week of vacation pay. The clinic student identified claims for overtime, meal periods and rest breaks, and referred the case to the students in the litigation skills class for representation. Kevin Metti (’06), a Skills I student, calculated the compensation due and filed a claim for $60,000 in unpaid wages. Jacquetta M. Lannan (’06) represented Mr. L in settlement negotiations during which the employer refused to pay more than a nominal amount to resolve the claim. Thereafter, a hearing was held before the Labor Commission, resulting in an award of $77,000 in wages, penalties and interest.
The employer appealed the decision to the Superior Court, where students Tumara Dew (‘07), Sara Dabkowski, 3L, and Cody Knight, 3L, tried Mr. L’s case. After a day of trial in March 2007, Judge Marc Poche issued his judgment in favor of Mr. L in the amount of $82,000.
The employer responded with a Motion to Vacate Judgment. JR Bagnas, 2L, prepared the Community Law Center’s response to the motion. When the court denied the employer’s motion, the employer then filed an appeal with the Court of Appeal for the Sixth District.
Cody Knight prepared and filed a cross-appeal and managed the case as the record on appeal was prepared and transferred to the Court of Appeal. Mike Wahlander, 3L, joined the case to write the opening brief for the cross-appeal, while Cody drafted the response to Appellant’s Opening Brief. As they began their brief-writing, the employer re-opened settlement negotiations. Over a period of three weeks in December 2007, Cody negotiated a settlement agreement in the amount of $88,000.
Most recently, Mike Wahlander has been preparing documents to formally conclude the case. When he met with Mr. L at the Community Law Center this week, Mr. L was effusive in his expressions of gratitude for the services he received from the staff and students of the Center. The KGACLC will receive $13,000 in attorney fees.
Congratulations to all the students, volunteer attorneys and LawCenter staff who helped bring this case to a successful conclusion for the KGACLC’s client.
