Arechiga

Arechiga v. Dolores Press, Inc.

Good Law
121 Cal. Rptr. 3d 654·192 Cal. App. 4th 567·2011 Cal. App. LEXIS 139
Court of Appeal of CaliforniaFebruary 7, 2011No. B218171California4,118 words

Opinion

Lead Opinion

Ruben, J.

Carlos Arechiga appeals from the court’s judgment dismissing his complaint seeking payment of additional overtime wages from his former employer, Dolores Press, Inc. We affirm.

FACTS AND PROCEEDINGS

Appellant Carlos Arechiga began working as a janitor for respondent Dolores Press, Inc. (Employer), in January 2000. Arechiga and Employer orally agreed he would work 11 hours a day, six days a week, for a total of 66 hours per week. Because Arechiga was a nonexempt employee under labor law, they agreed his work schedule meant he earned 26 hours of overtime pay each week. By agreement, Employer paid Arechiga $880 a week.

In October 2003, Arechiga and Employer signed a written “Employment Separation Agreement,” followed that same day by a written “Employment *570 Agreement” which they both signed. Apparently, Employer directed that they enter into a written agreement in order to institute privacy safeguards for members of a religious body affiliated with Employer. Other than adding privacy provisions, the written employment agreement did not change the terms of Arechiga’s employment. The written agreement stated “Employee shall be paid a salary/wage of $880.00”; the word…

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