Married Janitorial Team Awarded $154,000 in Wages and Penalties

On September 19 and 20, 2019 the Labor Commissioner’s office served decisions awarding a combined total of $154,790.72 to Center for Workers’ Rights clients Manuel and Nancy Estay, former janitors at an event space in Stockton. 

The Estays first came to the Center in 2017 during our Wage Claim Clinic in Stockton after recently losing their employment of 13 years. For all those years, their former employer only paid wife Nancy although both Nancy and Manuel provided the janitorial services.  While Nancy and Manuel had been paid hourly, in 2010 management for their employer issued a memo stating that the couple would be paid by event going forward and ceased tracking the hours they worked.  

Initially, counsel for the employer argued that the Estay’s were independent contractors, however, in light of the Dynamex decision, the employer did not argue for misclassification at the hearing. The Labor Commissioner awarded unpaid minimum wages, overtime, liquidated damages, and sick day violations to the couple.