Motion for Class Certification in IN RE: MOBILEONE WAGE AND HOUR CASES| Trellis.Law

On May 22, 2019 a Exhibit,Appendix was filed involving a dispute between Chess, Kiki, Ly, Vivian, and Mobileone, Llc, An Arizona Limited Liability Company, for Complex Civil Unlimited in the District Court of San Mateo County.

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Shaun Setareh (SBN 204514)
shaun@ setarehlaw.com
William M. Pao (SBN 219846) Electronically
william@ setarehlaw.com
Nolan Dilts (SBN 328904) by Superior Court of California, County of San Mateo
nolan@ setarehlaw.com ON 2/16/2021
SETAREH LAW GROUP
9665 Wilshire Blvd., Suite 430 By. /s/ Joel Lacey
Deputy Clerk
Beverly Hills, CA 90212
Telephone: (310) 888-7771
Facsimile: (310) 888-0109

Attomeys for Plaintiff
KIKI CHESS

10 SUPERIOR COURT OF THE STATE OF CALIFORNIA

11 COUNTY OF SAN MATEO

12 COMPLEX CIVIL LITIGATION

13 In re MOBILEONE WAGE AND HOUR udicial Council Coordination Proceedings
CASES, No. JCCP 5039
14
Coordinated Proceeding Special Title (CRC Assigned For All Purposes To The Honorable
15 Rule 3.550) Marie S. Weiner, Department 2

16 COMPENDIUM OF EVIDENCE IN
SUPPORT OF PLAINTIFFS’ MOTION
17 FOR CLASS CERTIFICATION

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19

COMPENDIUM OF EVIDENCE IN SUPPORT OF PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION
1 || Description

2 1 Declaration of Jose Maria D. Patino, Jr. In Support of Plaintiffs’ Motion for Class

3 Certification...

4 2014 MobileOne Employee Handbook

2016 MobileOne Employee Handbook 39

Excerpt from the Deposition of Nichlas Guarine 66

Examplar Meal Period Waiver Form 74,

Kiki Chess Deposition 75

Cell Phone Reimbursement Policy 95

10 Compensation A greements. 96

12 Class Member Declarations

13 A Ali Arsala 135

14 Angela Maier. 138

15 Angelo Andres Serrano 141

16 Casey Calder. 144
17 Daniel Patino Hemandez 146

18 Deante Chambliss 149

19 Edgar Carranza. 153

20 Eliana Alexander... 156

21 Francisco Araujo 160

22 Jerrold Camasura. 162

23 Kaitlynn Bierman 165

24 Niko Pinkard. 168

25 Nicholas Christensen. 171

26 Tyeler Perry... 174

27 Vivian Ly 177

28 William Brewer 180

COMPENDIUM OF EVIDENCE IN SUPPORT OF PLAINTIFFS MOTION FOR CLASS CERTIFICATION
Q Zachary Wise. 184

Dated: February 16, 2021 SETAREH LAW GROUP

/s/ Shaun Setareh
Shaun Setareh
William M. Pao
Nolan Dilts
Attomeys for Plaintiff
KIKI CHESS

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19

2
COMPENDIUM OF EVIDENCE IN SUPPORT OF PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION
EXHIBIT 1
Shaun Setareh (SBN 204514)
shaun@ setarehlaw.com
William M. Pao (SBN 219846)
william@ setarehlaw.com
Jose Maria D. Patino, Jr. (SBN 270194)
jose@ setarehlaw.com
Nolan Dilts (SBN 328904)
nolan@ setarehlaw.com
SETAREH LAW GROUP
9665 Wilshire Boulevard, Suite 430
Beverly Hills, California 90212
Telephone: (310) 888-7771
Facsimile: (310) 888-0109

Attorneys for Plaintiff
KIKI CHESS

10 Additional counsel listed on following page.

11 SUPERIOR COURT OF THE STATE OF CALIFORNIA

12 COUNTY OF SAN MATEO

13 COMPLEX CIVIL LITIGATION

14 In re MOBILEONE WAGE AND HOUR Judicial Council Coordination Proceedings
CASES, No. JCCP 5039
15
Coordinated Proceeding Special Title (CRC Assigned For All Purposes To:
16 Rule 3.550) The Honorable Marie S. Weiner, Department 2

17 DECLARATION OF JOSE MARIA D.
PATINO, JR. INSUPPORT OF
18 PLAINTIFFS’ MOTION FOR CLASS
CERTIFICATION
19

20 Complaint Filed: May 30, 2018

21 First Amended Consolidated Complaint Filed:
March 27, 2020
22

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1
DECLARATION OF JOSE MARIA D. PATINO, JR. IN SUPPORT OF PLAINTIFFS’ MOTION FOR CLASS
CERTIFICATION
001
David Y eremian (SBN 226337)
david@yeremianlaw.com
Roman Shkodnik (SBN 285152)
roman@yeremianlaw.com
DAVID YEREMIAN & ASSOCIATES, INC
535 N. Brand Blvd., Suite 705
Glendale, California 91203
Telephone: (818) 230-8380
Facsimile: (818) 230-0308

Walter Haines (SBN 71075)
whaines@ eulglaw.com
UNITED EMPLOY EES LAW GROUP, PC
5500 Bolsa Ave., Suite 201
Huntington Beach, CA 92649
Telephone: (310) 652-2242
10

11 Attorneys for Plaintiff
VIVIAN LY
12

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19

28
-2-
DECLARATION OF JOSE MARIA D. PATINO, JR. IN SUPPORT OF PLAINTIFFS’ MOTION FOR CLASS
CERTIFICATION
002
DECLARATION OF JOSE MARIA D. PATINO, JR.

I, Jose Maria D. Patino, Jr., declare as follows:

1 I am an attorney at law, duly licensed to practice before this Court. I am an attomey

with the Setareh Law Group, attomeys of record for Plaintiff Kiki Chess (“Plaintiff”) in the above-

captioned action. I am over the age of 18 and if called as a witness, I could and would competently

testify to all facts within my personal knowledge except where stated upon information and belief.

2 Attached to the Plaintiffs’ Compendium of Evidence in Support of Plaintiffs’ Motion

for Class Certification (“Plaintiffs’ Compendium”) as Exhibit 2 is a true and correct copy of

Defendant MobileOne, LLC’s (“Defendant”) 2014 Employee Handbook that was produced by
10 Defendant in response to Plaintiffs’ discovery.

11 3 Attached to the Plaintiffs’ Compendium as Exhibit 3 is a true and correct copy of

12 Defendant’s 2016 Employee Handbook that was produced by Defendant in response to Plaintiffs’

13 discovery.

14 4. Attached to the Plaintiffs’ Compendium as Exhibit 4 is a true and correct copy of a

15 selection of excerpts from the certified transcript of the Deposition of Nicholas Guarine, Defendant’s

16 Person Most Knowledgeable, taken by Plaintiff on January 30, 2020.

17 5 Attached to the Plaintiffs’ Compendium as Exhibit 5 is a true and correct copy of an

18 exemplar of Defendant’s Meal Period Waiver Form that was produced by Defendant in response to
19 Plaintiffs’ discovery.

20 6 Attached to the Plaintiffs’ Compendium as Exhibit 6 is a true and correct copy of a

21 selection of excerpts from the certified transcript of the Deposition of Kiki Chess, taken by

22 Defendant on November 26, 2019.

23 7 Attached to the Plaintiffs’ Compendium as Exhibit 7 is a true and correct copy of

24 Defendant’s Cell Phone Reimbursement Policy that was produced by Defendant in response to

25 Plaintiffs’ discovery.

26 8 Attached to the Plaintiffs’ Compendium as Exhibit 8 is a true and correct copy of

27 exemplars of Compensation A greements in effect during the class period for various job positions

28 with Defendant that were produced by Defendant in response to Plaintiffs’ discovery.
“3.
DECLARATION OF JOSE MARIA D. PATINO, JR. IN SUPPORT OF PLAINTIFFS’ MOTION FOR CLASS
CERTIFICATION
003
9 Attached to the Plaintiffs’ Compendium as Exhibits A-Q are true and correct copies

of swom declarations by Plaintiffs and other putative class members regarding their personal

experiences related to the claims alleged in this coordinated proceeding.

I declare, under penalty of perjury under the laws of the State of California, that the

foregoing is true and correct to the best of my knowledge. Executed this 15th day of February 2021,

at Beverly Hills, California.

/s/ Jose Maria D. Patino, Jr.
Jose Maria D. Patino, Jr.

18
19

28
“4.
DECLARATION OF JOSE MARIA D. PATINO, JR. IN SUPPORT OF PLAINTIFFS’ MOTION FOR CLASS
CERTIFICATION
004
EXHIBIT 2
MobileOne LLC
Employee Handbook
ABOUT THIS HANDBOOK / DISCLAIMER

We prepared this handbook to assist you in finding the answers to many questions that you may
have regarding your employment with MobileOne LLC. Please take the necessary time to read it.
We do not expect this handbook to answer all of your questions. Your Supervisor and Human
Resources also will be a major source of information.
Neither this handbook nor any other verbal or written communication by a management
representative, is, nor should it be considered to be, an agreement, contract of employment, express
or implied, or a promise of treatment in any particular manner in any given situation. MobileOne
LLC adheres to the policy of employment at will, which permits the Company or the employee to
terminate the employment relationship at any time, for any reason, with or without cause or notice.
Any modification of at-will status and/or provision of any special arrangement concerning terms or
conditions of employment in an individual case or generally is only valid if contained in writing and
signed by an Officer of the Company.
Many matters covered by this handbook, such as benefit plan descriptions, are also described in
separate Company documents. These Company documents are always controlling over any
statement made in this handbook or by any member of management.

This handbook states only general Company guidelines. The Company may, at any time, in its sole
discretion, modify or vary from anything stated in this handbook, with or without notice, except for
the rights of the parties to terminate employment at will, which may only be modified by an express
written agreement signed by the employee and an Officer of the Company.
This handbook supersedes all prior handbooks.
R R
BR

Section 1 - Governing Principles of Employment

1-1. Welcome Statement

For those of you who are commencing employment with MobileOne LLC ("MobileOne LLC" or the
"Company"), on behalf of MobileOne LLC, let me extend a warm and sincere welcome. We hope
you will enjoy your work here. We are glad to have you with us.
For those of you who have been with us, thank you for your past and continued service.
I extend to you my personal best wishes for your success and happiness here at MobileOne LLC.
We understand that it is our employees who provide the services that our customers rely upon, and
who will grow and enable us to create new opportunities in the years to come.
The Management Team at MobileOne, LLC

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1-2. Equal Employment Opportunity

MobileOne LLC is an Equal Opportunity Employer that does not discriminate on the basis of actual
or perceived race, color, national origin, ancestry, sex, gender, gender identity, pregnancy, childbirth
or related medical condition, religious creed, physical disability, mental disability, age, medical
condition (cancer), marital status, veteran status, sexual orientation, genetic information or any other
characteristic protected by federal, state or local law. Our management team is dedicated to this
policy with respect to recruitment, hiring, placement, promotion, transfer, training, compensation,
benefits, employee activities and general treatment during employment.
The Company will endeavor to make a reasonable accommodation to the known physical or mental
limitations of qualified employees with disabilities unless the accommodation would impose an
undue hardship on the operation of our business. If you need assistance to perform your job duties
because of a physical or mental condition, please let your Supervisor know.
The Company will endeavor to accommodate the sincere religious beliefs of its employees to the
extent such accommodation does not pose an undue hardship on the Company's operations. If you
wish to request such an accommodation, please speak to your Supervisor.
Any employees with questions or concerns about equal employment opportunities in the workplace
are encouraged to bring these issues to the attention of your Supervisor. The Company will not allow
any form of retaliation against individuals who raise issues of equal employment opportunity. To
ensure our workplace is free of artificial barriers, violation of this policy will lead to discipline, up to
and including discharge. All employees must cooperate with all investigations.

1-3. Non-Harassment

It is MobileOne LLC's policy to prohibit intentional and unintentional harassment of any individual
by another person on the basis of any protected classification including, but not limited to, race,
color, national origin, disability, religion, marital status, veteran status, sexual orientation or age
The purpose of this policy is not to regulate our employees’ personal morality, but to ensure that in
the workplace, no one harasses another individual.
If you feel that you have been subjected to conduct which violates this policy, you should
immediately report the matter to your Supervisor. If you are unable for any reason to contact this
person, or if you have not received a satisfactory response within five (5) business days after
reporting any incident of what you perceive to be harassment, please contact the President. If the
person toward whom the complaint is directed is one of the individuals indicated above, you should
contact any higher-level manager in your reporting hierarchy. Every report of perceived harassment
will be fully investigated and corrective action wil! be taken where appropriate.

Violation of this policy will result in disciplinary action, up to and including discharge. All
complaints will be kept confidential to the extent possible, but confidentiality cannot be guaranteed.
In addition, the Company will not allow any form of retaliation against individuals who report
unwelcome conduct to management or who cooperate in the investigations of such reports in
accordance with this policy. Employees who make complaints in bad faith may be subject to
disciplinary action, up to and including discharge. All employees must cooperate with all
investigations.

1-4. Sexual Harassment

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It is MobileOne LLC's policy to prohibit harassment of any employee by any Supervisor, employee
customer or vendor on the basis of sex or gender. The purpose of this policy is not to regulate
personal morality within the Company. It is to ensure that at the Company all employees are free
from sexual harassment. While it is not easy to define precisely what types of conduct could
constitute sexual harassment, examples of prohibited behavior include unwelcome sexual advances,
requests for sexual favors, obscene gestures, displaying sexually graphic magazines, calendars or
posters, sending sexually explicit e-mails, text messages and other verbal or physical conduct of a
sexual nature, such as uninvited touching of a sexual nature or sexually related comments.
Depending upon the circumstances, improper conduct also can include sexual joking, vulgar or
offensive conversation or jokes, commenting about an employee's physical appearance,
conversation about your own or someone else's sex life, or teasing or other conduct directed toward
a person because of his or her gender which is sufficiently severe or pervasive to create an
unprofessional and hostile working environment.
If you feel that you have been subjected to conduct which violates this policy, you should
immediately report the matter to your Supervisor. If you are unable for any reason to contact this
person, or if you have not received a satisfactory response within five (5) business days after
reporting any incident of what you perceive to be harassment, please contact the President. If the
person toward whom the complaint is directed is one of the individuals indicated above, you should
contact any higher-level manager in your reporting hierarchy. Every report of perceived harassment
will be fully investigated and corrective action will be taken where appropriate.

1-5. Drug and Alcohol-Free Workplace

Revised Date: 7/30/14
‘The company prohibits the unlawful or unauthorized use, abuse, solicitation, distribution, theft,
possession, transfer, purchase, or sale of drugs, drug paraphernalia or alcohol by an individual
anywhere on Company premises, while on Company business (whether or not on Company
premises), or while representing the Company; or reporting to work, or remaining on duty after using
drugs or alcohol in any amount that adversely affects the employee's ability to perform the functions
of the job. Please refer to your Company's specific policy (if any) for additional information.
Violation of this policy may result in disciplinary action up to and including termination.

1-6. Workplace Violence

MobileOne LLC is strongly committed to providing a safe workplace. The purpose of this policy is
to minimize the risk of personal injury to employees and damage to Company and personal property.
We do not expect you to become an expert in psychology or to physically subdue a threatening or
violent individual. Indeed, we specifically discourage you from engaging in any physical
confrontation with a violent or potentially violent individual. However, we do expect and encourage
you to exercise reasonable judgment in identifying potentially dangerous situations.

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Experts in the mental health profession state that prior to engaging in acts of violence, troubled
individuals often exhibit one or more of the following behaviors or signs: over-resentment, anger
and hostility; extreme agitation; making ominous threats such as bad things will happen to a
particular person, or a catastrophic event will occur; sudden and significant decline in work
performance; irresponsible, irrational, intimidating, aggressive or otherwise inappropriate behavior;
reacting to questions with an antagonistic or overtly negative attitude; discussing weapons and their
use, and/or brandishing weapons in the workplace; overreacting or reacting harshly to changes in
Company policies and procedures; personality conflicts with co-workers; obsession or
preoccupation with a co-worker or Supervisor; attempts to sabotage the work or equipment of a
co-worker; blaming others for mistakes and circumstances; demonstrating a propensity to behave
and react irrationally

Prohibited Conduct

Threats, threatening language or any other acts of aggression or violence made toward or by any
Company employee WILL NOT BE TOLERATED. For purposes of this policy, a threat includes
any verbal or physical harassment or abuse, any attempt at intimidating or instilling fear in others,
menacing gestures, flashing of weapons, stalking or any other hostile, aggressive, injurious or
destructive action undertaken for the purpose of domination or intimidation. To the extent permitted
by law, employees and visitors are prohibited from carrying weapons onto Company premises.

Procedures for Reporting a Threat

All potentially dangerous situations, including threats by co-workers, should be reported
immediately to any member of management with whom you feel comfortable. Reports of threats
may be maintained confidential to the extent maintaining confidentiality does not impede our ability
to investigate and respond to the complaints. All threats will be promptly investigated. All
employees must cooperate with all investigations. No employee will be subjected to retaliation,
intimidation or disciplinary action as a result of reporting a threat in good faith under this policy.
If the Company determines, after an appropriate good faith investigation, that someone has violated
this policy, the Company will take swift and appropriate corrective action.
If you are the recipient of a threat made by an outside party, please follow the steps detailed in this
section. It is important for us to be aware of any potential danger in our offices. Indeed, we want to
take effective measures to protect everyone from the threat of a violent act by an employee or by
anyone else.

Section 2 - Operational Policies

2-1. Employee Classifications

For purposes of this handbook, all employees fall within one of the classifications below.
Full-Time Employees - Employees who regularly work at least 40 hours per week who were not
hired on a short-term basis.
Part-Time Employees - Employees who regularly work fewer than 40 hours per week who were
not hired on a short-term basis.
Short-Term Employees - Employees who were hired for a specific short-term project, or on a

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short-term freelance. per diem or temporary basis. Short-Term Employees generally are not eligible
for Company benefits, but are eligible to receive statutory benefits.
In addition to the above classifications, employees are categorized as either "exempt" or "non-
exempt" for purposes of federal and state wage and hour laws. Employees classified as exempt do
not receive overtime pay; they generally receive the same weekly salary regardless of hours worked.
Such salary may be paid less frequently than weekly. You will be informed of your classifications
upon hire and informed of any subsequent changes to your classifications.

2-2. Trial Period

The first three months of your employment is an introductory period. This is an opportunity for the
Company to evaluate your performance. It also is an opportunity for you to decide whether you are
happy being employed by the Company. The Company may extend the introductory period if it
desires. Completion of the introductory period does not alter an employee's at-will status.

2-3. Your Employment Records

In order to obtain your position, you provided us with personal information, such as your address
and telephone number. This information is contained in your personnel file.
Please keep your personnel file up to date by informing your Supervisor of any changes. Also,
please inform your Supervisor of any specialized training or skills you may acquire in the future, as
well as any changes to any required visas. Unreported changes of address, marital status, etc. can
affect your withholding tax and benefit coverage. Further, an "out of date" emergency contact or an
inability to reach you in a crisis could cause a severe health or safety risk or other significant
problem.

2-4. Timekeeping Procedures

Employees must record their actual time worked for payroll and benefit purposes. Non-exempt
employees must record the time work begins and ends, as well as the beginning and ending time of
any departure from work for any non-work-related reason, on forms as prescribed by management.
Altering, falsifying or tampering with time records is prohibited and subjects the employee to
discipline, up to and including discharge.

Exempt employees are required to record their daily work attendance and report full days of absence
from work for reasons such as leaves of absence, sick leave or personal business.
Non-exempt employees may not start work until their scheduled starting time.
It is your responsibility to sign your time record to certify the accuracy of all time recorded. Any
errors in your lime record should be reported immediately to your Supervisor, who will attempt to
correct legitimate errors.

2-5. Overtime

Like most successful companies, we experience periods of extremely high activity. During these
busy periods, additional work is required from all of us. Your Supervisor is responsible for
monitoring business activity and requesting overtime work if it is necessary. Effort will be made to
provide you with adequate advance notice in such situations.

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Non-exempt employees generally will be paid overtime at the rate of time and one-half (1.5) times
their normal hourly wage for all hours worked in excess of eight (8) hours in one day or forty (40)
hours in one week, or for the first eight (8) hours on the seventh day in the same workweek.
Non-exempt employees generally will be paid double-time for hours worked in excess of twelve in
any workday or in excess of eight (8) on the seventh day of the workweek. Employees may work
overtime only with management authorization.
For purposes of calculating overtime for non-exempt employees, the workweek begins at 12 a.m. on
Monday and ends 168 hours later at 12 a.m. on the following Monday.

2-6. Safe Harbor Policy for Exempt Employees

It is our policy and practice to accurately compensate employees and to do so in compliance with all
applicable state and federal laws. To ensure that you are paid properly and that no improper
deductions are made, you must review your pay stubs promptly to identify and report all errors.
If you are classified as an exempt salaried employee, you will receive a salary which is intended to
compensate you for all hours you may work for the Company. This salary will be established at the
time of hire or when you become classified as an exempt employee. While it may be subject to
review and modification from time to time, such as during salary review times, the salary will be a
predetermined amount that will not be subject to deductions for variations in the quantity or quality
of the work you perform.
Under federal and state law, your salary is subject to certain deductions. For example, unless state
law requires otherwise, your salary can be reduced for the following reasons:
1. Full-day absences for personal reasons.
2. Full-day absences for sickness or disability.
3. Full-week disciplinary suspensions for infractions of our written policies and procedures.
4. Family and Medical Leave absences (either full- or partial-day absences).
5. To offset amounts received as payment for jury and witness fees or military pay.
6. The first or last week of employment in the event you work less than a full week.
7. Any full work week in which you do not perform any work.
Your salary may also be reduced for certain types of deductions such as your portion of health,
dental or life insurance premiums; state, federal or local taxes; social security; or voluntary
contributions to a 401(k) or pension plan.

In any work week in which you performed any work, your salary will not be reduced for any of the
following reasons:
1. Partial day absences for personal reasons, sickness or disability.
2. Your absence on a day because your employer has decided to close a facility on a
scheduled work day.
3. Absences for jury duty, attendance as a witness, or military leave in any week in which
you have performed any work.
4. Any other deductions prohibited by state or federal law.
However, unless state law provides otherwise, deductions may be made to your accrued leave for
full- or partial-day absences for personal reasons, sickness or disability.
If you believe you have been subject to any improper deductions, you should immediately report the

CAMO000228
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matter to your supervisor. If the supervisor is unavailable or if you believe it would be inappropriate
to contact that person (or if you have not received a prompt and fully acceptable reply), you should
immediately contact your supervisor or any other supervisor in the Company with whom you feel
comfortable.

2-7. Your Paycheck

You will be paid semi-monthly for all the time you have worked during the past pay period.

Your payroll stub itemizes deductions made from your gross earnings. By law, the Company is
required to make deductions for Social Security, federal income tax and any other appropriate taxes.
These required deductions also may include any court-ordered garnishments. Your payroll stub will
also differentiate between regular pay received and overtime pay received.
If you believe there is an error in your pay, bring the matter to the attention of your Supervisor
immediately so the Company can resolve the matter quickly and amicably.
Your paycheck will be given only to you, unless you request that it be mailed, or authorize in
writing another person to accept your check for you.

2-8. Direct Deposit

MobileOne LLC strongly encourages employees to use direct deposit. Authorization forms are
available from your Supervisor.

2-9. Salary Advances

MobileOne LLC does not permit advances on paychecks or against accrued paid time off. Advance
pay for vacation must be requested in writing at least two weeks prior to the vacation period.

2-10. Performance Reviews

Depending on your position and classification, MobileOne LLC endeavors to review your
performance annually. However, please understand that a positive performance evaluation does not
guarantee an increase in salary, a promotion, or continued employment. Compensation increases and
the terms and conditions of employment, including job assignments, transfers, promotions, and
demotions, are determined by and at the discretion of management.
In addition to these formal performance evaluations, the Company encourages you and your
Supervisor to discuss your job performance on a frequent and ongoing basis.

2-11. Job Postings

The Company is dedicated to assisting employees in managing their careers and reaching their
professional goals through promotion and transfer opportunities. This policy outlines the on-line job
posting program which is in place for all employees. To be eligible to apply for an open position,
employees must meet several requirements:
1. Should be a current, regular, full-time or part-time employee
2. Been in your current position for at least six months
3. Must consistently make commission over their hourly wage

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4. Should not be on an employee conduct/performance-related probation or warning
5. Must meet the job qualifications listed on the job posting
6. Required to provide your manager with notice prior to applying for the position
If you find a position of interest on the job posting website and meet the eligibility requirements, an
on-line job posting application must be completed in order to be considered for the position. Not all
positions are guaranteed to be posted. The Company reserves the right to seek applicants solely from
outside sources or to post positions internally and externally simultaneously.
For more specific information about the program, please contact the Human Resources Department.

2-12. Commissions

Commissions are paid at 20% of the gross profit for all products. Commissions are paid no later than
45 days after sale of products. Commission are paid in lieu of minimum wage if your commission
exceeds the amount of minimum wages for the hours worked.
If a service is deactivated by the carrier or by the customer for any reason within 121 days from its
effective commencement date, the Employee shall not be entitled to a commission for said sale, and
to the extent the commission has been paid, it will be deducted from the next commission payment
due to the Employee

Section 3 - Benefits

3-1. Benefits Overview

In addition to good working conditions and competitive pay, it is MobileOne LLC's policy to
provide a combination of supplemental benefits to all eligible employees. In keeping with this goal,
each benefit program has been carefully devised. These benefits include time-off benefits, such as
vacations and holidays, and insurance and other plan benefits. We are constantly studying and
evaluating our benefits programs and policies to better meet your present and future requirements.
These policies have been developed over the years and continue to be refined to keep up with
changing times and needs.
The next few pages contain a brief outline of the benefits programs MobileOne LLC provides for
you and your family. Of course, the information presented here is intended to serve only as
guidelines.
The descriptions of the insurance and other plan benefits merely highlight certain aspects of the
applicable plans for your general information only. The details of those plans are spelled out in the
official plan documents, which are available for review upon your request from your Supervisor.
Additionally, the provisions of the plans, including eligibility and benefits provisions, are
summarized in the summary plan descriptions ("SPDs") for the plans (which may be revised from
time to time). In the determination of benefits and all other matters under each plan, the terms of the
official plan documents shall govern over the language of any descriptions of the plans, including
the SPDs and this handbook.
Further, MobileOne LLC (including the officers and administrators who are responsible for
administering the plans) retains full discretionary authority to interpret the terms of the plans, as well
as full discretionary authority with regard to administrative matters arising in connection with the
plans and all issues concerning benefit terms, eligibility and entitlement.
While the Company intends to maintain these employee benefits, it reserves the absolute right to

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modify. amend or terminate these benefits at any time and for any reason.

If you have any questions regarding your benefits, please contact your Supervisor.

3-2. Lactation Breaks

The Company will provide a reasonable amount of break time for an employee who wishes to
express breast milk for her infant child. If possible, the break time must run concurrently with rest
and meal periods already provided to the employee. If break time cannot run concurrently with rest
and meal periods, it will be unpaid.
The Company will make reasonable efforts to provide the use of a room or location other than a
bathroom stall for the employee to express milk in private. This location may be the employee's
private office, if applicable.
The Company may not be able to provide additional break time if doing so would seriously disrupt
operations. Please consult Human Resources if you have questions regarding this policy.

3-3. Workers' Compensation

On-the-job injuries are covered by our Workers' Compensation Insurance Policy, which is provided
at no cost to you. If you are injured on the job, no matter how slightly, report the incident
immediately to your Supervisor. Failure to follow Company procedures may affect your ability to
receive Workers' Compensation benefits
Any leave of absence due to a workplace injury runs concurrently with all other Company leaves of
absence. Reinstatement from leave is guaranteed only if required by law. Employees who need to
miss work due to a workplace injury must also request a formal leave of absence. See the Leave of
Absence sections of this handbook for more information.

3-4. Jury Duty Leave

MobileOne LLC realizes that it is the obligation of all U.S. citizens to serve on a jury when
summoned to do so. All employees will be allowed time off to perform such civic service as required
by law. You are expected, however, to provide the Company with proper notice of your request to
perform jury duty and with your verification of service. You also are expected to keep management
informed of the expected length of your jury duty service and to report to work for the major portion
of the day if you are excused by the court. If the required absence presents a serious conflict for
management, you may be asked to try to postpone your jury duty. Employees on jury duty leave will
be paid for their jury duty service in accordance with state law; however, exempt employees will be
paid their full salary for any week in which they perform any work for the Company.

3-5. Witness Leave

An employee called to serve as an expert witness in a judicial proceeding on behalf of the State will
be granted leave with pay. An employee who is summoned to appear in court as an expert witness,
but not on behalf of the State may use available vacation and personal time to cover the period of
absence.
Employees subpoenaed for witness duty must notify their supervisor as soon as possible.

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013
3-6. Voting Leave

In the event an employee does not have sufficient time outside of working hours to vote in a
statewide election, the employee may take off sufficient working time to vote. This time should be
taken at the beginning or end of the regular work schedule, whichever allows the most free time for
voting and the least time off from work. An employee will be allowed a maximum of two (2) hours
of voting leave on Election Day without loss of pay. Where possible, the supervisor should be
notified of the need for leave at least three (3) working days prior to the Election Day.

3-7. Statutory Short-Term Disability

Revised Date: 7/30/14
The State of California provides Statutory Short-Term Disability Insurance, and is deducted from
your paycheck each pay period. This is solely a monetary benefit and not a leave of absence.

Employees who will be out of work must also request a formal leave of absence. See the Leave of
Absence sections of this handbook for more information.

3-8. Employee Assistance Program

MobileOne LLC provides an employee assistance program for employees. This program offers
qualified counselors to help you cope with personal problems you may be facing. Further details can
be obtained by contacting an EAP counselor at (888) 231-7015.

3-9. Paid Family Leave Benefits

Revised Date: 7/30/14

Eligibility

An employee who is off work to care for a child, spouse, parent, grandparent, grandchild, sibling,
parent-in-law, or registered domestic partner, with a serious health condition, or to bond with a new
child, may be eligible to receive benefits through the California "Paid Family Leave" (PFL)
program, which is administered by the Employment Development Department (EDD).
These benefits are financed solely through employee contributions to the PFL program. That
program is solely responsible for determining if an employee is eligible for such benefits.

Generally there is a waiting period during which no PFL benefits are available. The EDD can
provide additional information about any applicable waiting period.

If an employee needs to take time off work to care for a child, spouse, parent, grandparent,
grandchild, sibling, parent-in-law, or registered domestic partner with a serious health condition or
to bond with a new child, he or she must advise the Human Resources Department and the employee
will be given information about the EDD's PFL program and how to apply for benefits. Employees
also may contact their local Employment Development Department Office for further information.
The employee should maintain regular contact with the Human Resources Department during the
time off work so we may monitor the employee's return-to- work status. In addition, the employee
should contact the Human Resources Department when he or she is ready to return to work so we

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may determine what positions. if any. are open.

When an employee applies for PFL benefits, the Human Resources Department will determine if the
employee has any accrued but unused vacation and personal days available. If the employee has
accrued but unused time available, then the employee will be required to use up to two (2) weeks of
such time before becoming eligible for PFL benefits.

Job Reinstatement Not Guaranteed

Employees taking time off work to care for a child, spouse, parent, grandparent, grandchild, sibling,
parent-in-law, or domestic partner with a serious health condition or to bond with a new child are not
guaranteed job reinstatement unless they qualify for such reinstatement under federal or state family
and medical leave laws.

Any time off for Paid Family Leave purposes will run concurrently with other leaves of absence,
such as Family and Medical Leave, if applicable. Please see the "Family and Medical Leave" policy
in this Handbook for eligibility requirements, if applicable.

Section 4 - Leaves of Absence

4-1. Personal Leave

If you are ineligible for any other Company leave of absence, MobileOne LLC, under certain
circumstances, may grant you a personal leave of absence without pay. A written request for a
personal leave should be presented to management at least two (2) weeks before the anticipated start
of the leave. If the leave is requested for medical reasons and you are not eligible for FMLA and
CFRA, medical certification also must be submitted. Your request will be considered on the basis of
staffing requirements and the reasons for the requested leave, as well as your performance and
attendance records. Normally, a leave of absence will be granted for a period of up to fifteen (15)
days. Ilowever a personal leave may be extended if, prior to the end of your leave, you submit a
written request for an extension to management and the request is granted.

During your leave, you will not earn vacation, personal days or sick days. We will continue your
health insurance coverage during your leave if you submit your share of the monthly premium
payments to the Company in a timely manner, subject to the terms of the plan documents.
When you anticipate your return to work, please notify management of your expected return date.
This notification should be made at least one week before the end of your leave.
Upon completion of your personal leave of absence, the Company will attempt to return you to your
original job, or to a similar position, subject to prevailing business considerations.

Reinstatement, however, is not guaranteed.

Failure to advise management of your availability to return to work, failure to return to work when
notified, or your continued absence from work beyond the time approved by the Company, will be
considered a voluntary resignation of your employment.
Personal leave runs concurrently with any Company-provided Short-Term Disability Leave of
Absence.

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4-2. Military Leave

If you are called into active military service or you enlist in the uniformed services, you will be
eligible to receive an unpaid military leave of absence. To be eligible for military leave, you must
provide management with advance notice of your service obligations unless you are prevented from
providing such notice by military necessity or it is otherwise impossible or unreasonable for you to
provide such notice. Provided your absence does not exceed applicable statutory limitations, you
will retain reemployment rights and accrue seniority and benefits in accordance with applicable
federal and state laws. Please ask management for further information about your eligibility for
Military Leave.
If you are required to attend yearly Reserves or National Guard duty, you can apply for an unpaid
temporary military leave of absence not to exceed the number of days allowed by law (including
travel). You should give management as much advance notice of your need for military leave as
possible so that we can maintain proper coverage while you are away.

4-3. Time Off for Military Spouses

If an employee works, on average, at least 20 hours per week and his or her spouse is a qualified
member of the United States Armed Forces, the National Guard or the Reserves, the employee is
eligible to take leave for a period of up to 10 days while his or her spouse is home during a qualified
leave period. When an employee is also eligible for military family member exigency leave, leave
under this policy shall also count toward the employee's leave entitlement under the Family and
Medical Leave Act (FMLA), where the time off meets the definition of FMLA military exigency
leave.

Required Notice to Employer

Within two business days of receiving official notice that the employee's spouse will be on leave,
he/she must provide notice to the Company of his/her intent to take military spouse leave.

Required Documentation
The employee must submit written documentation to the Company certifying that during his/her
requested Lime off, the employee's spouse will be on leave from deployment during a period of
military conflict.

Leave is Unpaid

Leave granted under this policy is unpaid. [Optional: However, employees may substitute accrued,
unused vacation time, personal days or personal time off for any period of unpaid military spouse
leave.|

Definitions

For the purposes of this policy, the following definitions apply:
"Qualified Member" means any of the following:
1. A member of the United States Armed Forces who is deployed during a period of military

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016
conflict to an area designated as a combat theater or combat zone by the President of the
United States; or
2. A member of the National Guard who is d

Case Info

Judge

Weiner, Marie S. Track Judge’s New Case

Case No.

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Document Filed Date

February 16, 2021

Case Filing Date

May 22, 2019

County

Parties

CHESS, KIKI Plaintiff
LY, VIVIAN Plaintiff
MOBILEONE, LLC, AN ARIZONA LIMITED LIABILITY COMPANY Defendant
SETAREH, CHAIM S. Attorney for the Plaintiff
YEREMIAN, DAVID Attorney for the Plaintiff
William Pao Attorneys for Plaintiffs
Gregg Fisch Attorneys for Defendants
Yongqing Yang Attorneys for Defendants
Michaela Goldstein Attorneys for Defendants
Alexandra McIntosh Attorney
Roman Shkodnik Attorneys for Plaintiffs
Tracy Warren Attorneys for Plaintiffs
Kathryn Fox Attorneys for Plaintiffs
Walter Haines Attorneys for Plaintiffs
Michael Campbell Attorneys for Defendants
Nolan Dilts Attorneys for Plaintiffs
Alicia Kennon Attorneys for Defendants
Y. Yang Attorneys for Defendants
RICK WALTMAN Attorneys for Defendants
David Mcdonough Attorney
Louis Mok Attorney

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Exhibit,Appendix: IN RE: MOBILEONE WAGE AND HOUR CASES

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