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Mark C. Kim
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July 21, 2020
Los Angeles County, CA
Labor Commissioner Appeals (General Jurisdiction)
Court Finding - After Court Trial 04/01/2020
1957 DELAMO LLC - Plaintiff
BENLIAN VIK - Defendant
GULINO JOHN - Attorney for Plaintiff
INTERNATIONAL SKYWAYS MANAGEMENT INC. - Plaintiff
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Background Facts Plaintiff, Vik Benlian initiated a Labor Board Commission for various employment-related claims; Plaintiff sought $97,000 in unpaid wages, overtime wages, meal period premiums, rest period premiums, liquidated damages, reimbursable expenses, interest, waiting time penalties, and penalties for failure to provide records. The Commissioner determined Defendant was a suspended corporation and therefore not allowed to participate in the hearing. At the conclusion of the hearing, the Commissioner awarded Plaintiff $97,627.99. Defendants initiated an appeal of the Award. While designated an appeal, the proceeding is actually a trial de novo. See Labor Code § 98.2(b). The parties participated in a court trial, the Honorable Mark C. Kim presiding, between 12/13/19 and 12/17/19. The Court issued a proposed statement of decision on 2/24/20, and adopted the decision as final on 3/06/20. In its statement of decision, the Court found Plaintiff had g........
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