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Fourth District Holds That a Prevailing Employer Can Recover Costs in a Wage Case

In Costs on August 16, 2011 at 12:53 pm
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Defendant United Parcel Service, Inc. prevailed against plaintiff employee on various wage and hour causes of action including failure to pay overtime and failure to provide breaks.  Plancich v. United Parcel Service, Inc., — Cal. Rptr. 3d —-, 2011 WL 3506066, No. E050631 (4th Dist. Aug. 11, 2011). UPS won on all six counts, and the trial court awarded costs but then granted Plaintiff Plancich’s motion to strike costs.  Id. *1.  The Fourth District reversed the order granting the motion to strike costs, holding that a prevailing employer may recover costs in a wage suit.

Background

Plancich worked for UPS as an on-road supervisor.  Id.  He asserted in his complaint that he worked more than eight hours a day and more than 40 hours a week.  Id.  He also alleged that UPS misclassified him as exempt under the executive, administrative, or professional exemptions. Id.  The jury found Plancich was an exempt employee. Id. As to the unfair competition cause of action, the trial court found in favor of UPS. Id. The trial court ordered that UPS recover its costs from Plancich, in an amount to be determined. Id.

After UPS filed its memorandum of costs in the amount of $38,387.20, Plancich filed a motion to strike and tax costs based on Earley v. Superior Court, 79 Cal. App. 4th 1420 (4th Dist. 2000). Read the rest of this entry »

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