Cv88-04861jgd & 94-56460

[Miss Christine]

What is the name of your state (only U.S. law)? California. Many employees of Vista Del Mar were not paid time and one-half for hours worked over 40. This was reported to and ignored by the Wage & Hour Division as well as the Federal Court. When the smoke cleared; and due to lack of legal expertise and agencies designed to enforce labor laws; Vista slithered away, changed the payroll system and didn't even get charged by the courts nor the Labor Department. What good does it do to expect remedies from agencies designed to protect workers and assure that employers abide by the law?

 

[Zigner]

What is the name of your state (only U.S. law)? California. Many employees of Vista Del Mar were not paid time and one-half for hours worked over 40. This was reported to and ignored by the Wage & Hour Division as well as the Federal Court. When the smoke cleared; and due to lack of legal expertise and agencies designed to enforce labor laws; Vista slithered away, changed the payroll system and didn't even get charged by the courts nor the Labor Department. What good does it do to expect remedies from agencies designed to protect workers and assure that employers abide by the law?

I'm sorry, did you have an actual legal question?

 

[single317dad]

Well, this one has certainly stewed in her juices for a very long time:

https://forum.freeadvice.com/hiring-firing-wrongful-termination-5/your-honor-dishonarable-28175.html

 

[Zigner]

Well, this one has certainly stewed in her juices for a very long time:

https://forum.freeadvice.com/hiring-firing-wrongful-termination-5/your-honor-dishonarable-28175.html

Wow, that's amazing. Both the OP AND the fact that you found it! Bravo!

 

[cbg]

Holy hannah, that's from before I joined this forum, and I've been here since before dirt was invented.

 

[Proserpina]

Oh that's not just stewed... that's triple fermented!

 

[Proserpina]

This is my favourite part:

Truth is the light. And you are intitled to your opinion. Until you know the facts, and unless you have something concrete, it's best to investigate before you inject you "expert" opinion.
Fact is ...law states that employees get paid time and one half for all hours over 40 in a week.
Even though the Federal Judge did not use his authority to make the right decision; but did a good job in humiliating the defendant lawyer during the trial and the fact that the Defendants changed the payroll system after I exposed them in FEDERAL court was satisfaction enough for me.
So there !

She said "so there". She means BIZNIZZ!

 

[I'mTheFather]

Good work singledad. Based on that, this was easy to find:

http://www.plainsite.org/dockets/eeecyw80/court-of-appeals-for-the-ninth-circuit/christine-franklyn-v-vista-del-mar-community-and-social-agency-american-federation-of-government-employees-aflcio-afge/

That's almost 30 years of stewing!

 

[single317dad]

Good work singledad. Based on that, this was easy to find:

http://www.plainsite.org/dockets/eeecyw80/court-of-appeals-for-the-ninth-circuit/christine-franklyn-v-vista-del-mar-community-and-social-agency-american-federation-of-government-employees-aflcio-afge/

That's almost 30 years of stewing!

That might be the shortest appellate opinion I've ever read.

 

[Miss Christine]

Did I have a question? YES !!!

I'm sorry, did you have an actual legal question?

Yes. I have a question. Can the company be made to go back to the time they "cooked the books" with their creative payroll system (that had employees work at a regular rate of pay for hours worked weekly over 40; which in essence cheated them out of 1 month's pay each year) and be forced to locate an repay the employees (and/or their descendants)? Vista was paid by the Federal and/or State to employ people to care for "throw aways" and wards of the court. What gives them the legal right to cheat workers?

 

[Zigner]

Yes. I have a question. Can the company be made to go back to the time they "cooked the books" with their creative payroll system (that had employees work at a regular rate of pay for hours worked weekly over 40; which in essence cheated them out of 1 month's pay each year) and be forced to locate an repay the employees (and/or their descendants)? Vista was paid by the Federal and/or State to employ people to care for "throw aways" and wards of the court. What gives them the legal right to cheat workers?

For the record, I am very familiar with Vista del Mar and I find your characterization of their services to be offensive.

Beyond that, this has already been adjudicated. Your questions are moot.

 

[Proserpina]

Yes. I have a question. Can the company be made to go back to the time they "cooked the books" with their creative payroll system (that had employees work at a regular rate of pay for hours worked weekly over 40; which in essence cheated them out of 1 month's pay each year) and be forced to locate an repay the employees (and/or their descendants)? Vista was paid by the Federal and/or State to employ people to care for "throw aways" and wards of the court. What gives them the legal right to cheat workers?

This happened over 30 YEARS AGO.

This question has been asked answered here, and for heaven's sake, THE COURT ruled on it.

Which part are you not understanding?

 

[Proserpina]

That might be the shortest appellate opinion I've ever read.

No kidding!

 

[Miss Christine]

offended??

This happened over 30 YEARS AGO.

This question has been asked answered here, and for heaven's sake, THE COURT ruled on it.

Which part are you not understanding?

I understand and thank you for your reply. It was offensive for Vista Del Mar to half-ass pay people in need of work. For 10 years my Mother worked at Vista and was short changed at least 1 month every year. I worked there for 1 year and took them to court to get what was rightfully mine, by law. I find it offensive that Vista Del Mar could change the 45 hour week pay to 40 hours AFTER I took them to court and exposed their method of payment. I also find it offensive that DLSE did nothing and neither did the union. So, with that being said; I'm sorry that the truth offends you. FYI, the judge was also remanded but because I couldn't legally get the assistance that was needed to avoid Vista getting away with theft, they got away. Even if it was over 30 years ago; a creditor will hunt you down (like they are hunting me down for defaulting in my student loan). So, I have a right to let EVERYONE know what happened! Like it or not!

 

[Proserpina]

I understand and thank you for your reply. It was offensive for Vista Del Mar to half-ass pay people in need of work. For 10 years my Mother worked at Vista and was short changed at least 1 month every year. I worked there for 1 year and took them to court to get what was rightfully mine, by law. I find it offensive that Vista Del Mar could change the 45 hour week pay to 40 hours AFTER I took them to court and exposed their method of payment. I also find it offensive that DLSE did nothing and neither did the union. So, with that being said; I'm sorry that the truth offends you. FYI, the judge was also remanded but because I couldn't legally get the assistance that was needed to avoid Vista getting away with theft, they got away. Even if it was over 30 years ago; a creditor will hunt you down (like they are hunting me down for defaulting in my student loan). So, I have a right to let EVERYONE know what happened! Like it or not!

You took them to court and LOST.

You're offended with just about everybody else in existence because... YOU LOST.

You keep harping 30 years after the fact because... YOU LOST.

I strongly suggest therapy for you. Yours is not a healthy state of mind, clearly.

(And if you can't tell the difference between owing a student loan and your non-situation, well... you lost there, too)