Wage Law

The Supreme Court declined to published an opinion in Hoffman v. Uncle P Productions, a small wage and hour case that proceeded by default in the Superior Court and at the Court of Appeal.

Terry Hoffman and Mary Jo Devenney appeal the judgment entered in their lawsuit seeking wages, expenses and penalties due from defendant Uncle P Productions, LLC ("Uncle P"). We agree with appellants' contention that the trial court applied the wrong statute of limitations to their continuing wages claim, and so reverse the judgment.

In essence, the Court of Appeal confirmed that waiting time penalties have a three-year statute of limitations, paystub penalties have a one-year statute of limitations, an employee who gets stiffed completely for 99 hours of work has a minimum wage claim, one who makes $250 a day does not, and you don't necessarily get a larger award of attorney's fees in a default case just the default judgment is increased, if you already received a much higher award than the default fee schedule provides. Nothing controversial. No publication order.