A legal storm is brewing in California as a former worker challenges his previous employer over alleged labor violations. Andrew Allen filed a complaint against Pocket FM Corp, a Delaware corporation, on May 6, 2025, in the Superior Court of California, County of Santa Clara. The case, identified as 25CV465266, accuses Pocket FM Corp of multiple labor law infringements during Allen's employment from August 14, 2023, to September 20, 2024.
Allen's lawsuit centers around claims of being misclassified as an independent contractor rather than an employee. He alleges that despite his role as a "Pod Lead," managing a team and adhering to company-controlled schedules and standards, he was denied benefits typically afforded to employees. "Pocket FM exercised control over Plaintiff's hours, responsibilities, deadlines, and production standards," states the complaint. This misclassification allegedly allowed Pocket FM to evade obligations such as overtime pay and provision of benefits.
The plaintiff details numerous grievances including unpaid overtime wages amounting to $31,687.50 for hours worked beyond the standard workweek limits set by California law. Additionally, Allen claims he was deprived of meal and rest breaks required under Labor Code § 226.7 and seeks $3,520.83 in compensation for these missed breaks. Furthermore, he asserts that he incurred $13,325 in business-related expenses for which he was not reimbursed by Pocket FM.
Allen's accusations extend to waiting time penalties due to delayed wage payments upon termination and failure to provide accurate wage statements throughout his tenure at the company. The complaint highlights how internal records at Pocket FM classified workers like Allen as employees yet failed to align their treatment with this classification legally.
In seeking justice through the court system, Allen demands compensatory damages covering unpaid wages and expenses alongside penalties under various sections of the Labor Code. He also seeks restitution under Business & Professions Code § 17200 for unfair business practices conducted by Pocket FM Corp., declaratory relief affirming his status as an employee during his time with the company, attorney fees and costs incurred in pursuing this action.
Representing Andrew Allen is attorney Jamieson K. Fong from The Law Office of Jamieson K. Fong based in Pacifica, CA. The case will be presided over by judges from the Superior Court of California in Santa Clara County under Case ID: 25CV465266.