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Plaintiff Accuses Electronics Companies of Wage Violations

NORTHERN CALIFORNIA RECORD

Thursday, January 9, 2025

Plaintiff Accuses Electronics Companies of Wage Violations

State Court
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Superior Court of California - Santa Clara County | Official Website

In a sweeping class action lawsuit, a California resident has accused two electronics companies of widespread labor violations, including failure to pay overtime and minimum wages. The complaint was filed by Cecilia Hernandez on November 18, 2024, in the Superior Court of California, County of Santa Clara against GDM Electronic & Medical, LLC and Bay Electronic Support Tronics, Inc.

Cecilia Hernandez alleges that she and other non-exempt employees were systematically denied their rightful wages during their employment with the defendants. According to the complaint, Hernandez worked for these companies from July 2007 until August 2024. She claims that her duties included cleaning and assembling machinery, welding, and cutting cables. The lawsuit accuses the defendants of violating several sections of the California Labor Code by failing to pay overtime wages for hours worked beyond eight per day or forty per week. Furthermore, it is alleged that employees were required to perform tasks off-the-clock without compensation—such as attending meetings or undergoing security checks—and were not reimbursed for work-related expenses like mileage and phone usage.

The lawsuit details numerous infractions under state labor laws: "Defendants have had a consistent policy of failing to provide Plaintiff and similarly situated employees with compensation at their final rate of pay for unused vested paid vacation days," reads one part of the complaint. Additionally, Hernandez accuses the companies of providing inaccurate wage statements and not paying all due wages upon termination or resignation.

Hernandez seeks certification for this case as a class action to represent all affected employees who worked for these companies in California over the past four years. The plaintiffs are demanding damages exceeding $35,000 for unpaid wages, penalties for inaccurate wage statements, waiting time penalties under Labor Code section 203, and restitution under Business and Professions Code section 17203. They also seek injunctive relief prohibiting further violations by the defendants.

Representing Cecilia Hernandez are attorneys David D. Bibiyan and Robert David Wilson III from Bibiyan Law Group P.C., based in Los Angeles. The case is being reviewed by Judge Y. Chavez under Case ID 24C6V451989.

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