Avalos v. Conico Management
Appellant brought claims against her employer, Conico Roro, Inc.; Peter Hong; and Hong Holdings, LLC, dba Conico Management (Conico), for unpaid overtime wages (Lab. Code, 1194), missed meal and rest periods ( 226.7, 512), wage statement violations ( 226), willful failure to pay ( 203), and unfair business practices. (Bus. & Prof. Code, 17200 et seq.) After a bench trial, the court entered judgment for Conico on all claims except the claim for unpaid meal and rest breaks during a period when Avalos worked as a non-exempt cashier. Neither party challenges the meal and rest period award.
On her overtime claim, Avalos contends that the trial court used the wrong formula to determine whether, during her term as manager, she received the minimum salary necessary to qualify for overtime exemption. She also contends she is entitled to penalties for Conico's failure to include its address on her wage statements. We affirm the judgment because substantial evidence supports the trial court's findings that Avalos did not work any overtime hours and suffered no harm as the result of any error or omission on her wage statements.
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