Wage and Hour Claims

Thom has recovered tens of millions of dollars for wage and hour claims on behalf of California workers and won every wage/employment case he has taken to trial on behalf of employees, including appeal.

Trial Results For California Workers

2024

Trial Victory in Phase II (Over $1.4 Million Recovered After)

Barragan v. LNG Logistics, Inc. and Luis Gomez, SDSC Case No. 37 – 2017 – 00023393-CL-OE-CTL. Phase II (PAGA claims) was tried at the end of January 2024, resulting in PAGA penalties of $150,000 plus statutory interest. (With costs and fees, total judgement of $1,423,681)

2022

Trial Victory in Phase I (Jury)

Barragan v. LNG Logistics, Inc. and Luis Gomez, SDSC Case No. 37 – 2017 – 00023393-CL-OE-CTL. We received a jury verdict in favor of our client for unpaid wages, and other Labor Code violations. The verdict was rendered in April 2022 which provided standing to pursue the PAGA penalties on behalf of other aggrieved employees in a Phase II (Bench trial), as noted above.

2019/2020

$4.3 Million Recovery, After Four Week Trial

Horton v. Trident Society, Inc., Neptune Society, Inc. Neptune Management Corp., SCI Direct, Inc., and Guy Allen, SDSC Case No. 37-2016-00039356-CU-OE-CTL. Preliminary decision issued on April 19, 2019, in favor of our client for sexual harassment (for which court awarded $250,000 (everything we asked for), $70,402.90 for individual wage claims, PAGA (Private Attorney General Act) claims on behalf of  “other aggrieved” outside salespeople and costs/fees award as the prevailing party bringing the total judgment to just under $2.5 million. This was followed by recovery of an additional $1.79million for 16 additional individual worker misclassification/wage claims., bringing the total recovery to ~$4.3 million.

2019

Mid Trial Confidential Recovery For Pet Store Employees

Cubias, et. al. v. Protein For Pets, LLC, et. al., SDSC Case No. 37-2016-00045232-CU-OE-CTL. We recovered ~20 times more than what defendant offered pre-trial, after the defendant business owner was cross-examined by Thom Diachenko in this wage and hour/PAGA case when he decided it was time to pay what was needed to adequately compensate our clients.

2018

Appellate Victory Affirming Judgment ($958,834 Post Appeal)

Atempa v. Pedrazzani (2018) 27 Cal.App.5th 809. The published Atempa decision is well recognized and frequently cited by attorneys experienced in this practice area. The Atempa case is relied upon throughout the state as legal authority for its holding that individual business owners can be held personally liable for the PAGA penalties, as well as the costs and attorney fees required to recover them through trial, post judgment and appeal.

2015-2016

$275,105 Post Trial Judgment For A Fisherman

DeNuccio v. Invicta Sportfishing, LLC et. al., SDSC Case No. 37-2014-00018885-CU-CO-CTL. After a trial concluded in November of 2015, Thom obtained a judgment for his client in the full amount sought,  for various forms of unpaid wages, including violations of California’s minimum wage, overtime wage and premium wages and statutory penalties.

2015

Post Trial Judgment of $958,834, Representing Two Restaurant Workers With PAGA Claims For Other Aggrieved Employees

Marco Atempa and Keilyn Reyes v. PAMA Inc., and Paolo Pedrazzani, SDSC Case No. 37-2013-00058208-CU-OE-CTL. After a bench trial, Thom Diachenko secured a plaintiffs’ judgment for $958,834. The verdict included $197,434 awarded pursuant to the California Private Attorney General Act (PAGA), which, at the time, was one of only a handful of PAGA plaintiff’s verdicts in the state.

2013-2014

Post Trial Judgment of $238,807, Representing a Landscaper:

Cardenas v. Heyden Landscaping, SDSC Case No. 37-2012-92699-CU-WT-CTL. After a one-week bench trial, Thom obtained a judgment in favor of his client for individual unpaid wages, failure to pay for work related expenses and various other Labor Code violations.

2011

Post Trial Judgment of $405,756, Representing Seven Tow Truck Drivers:

Figueroa, et. al. v. RoadOne Towing, et. al., SDSC Case No. 37-2010-88352-CU-OE-CTL. After 4-week jury trial Thom obtained a verdict in favor of seven tow truck drivers’ individual claims for various forms of unpaid wages and work-related expenses.

2007

Post Trial Judgment of $180,498, Representing A Car Sales Finance Manager:

Flamingo Car Group v. Ghadrdan, and related cross actions, SDSC Case No. GIC 857893. Thom Diachenko defeated the employer’s affirmative legal claims and obtained a judgment for our client (employee) on a cross-complaint for misclassification and various forms of unpaid wages.