Semprini

Semprini v. Wedbush Securities Inc.

Good Law
Court of Appeal of CaliforniaApril 18, 2024G062622California4,049 words

Opinion

Opinion

FACTS

Wedbush is a securities broker-dealer firm that provides financial planning and investment products through its financial advisors. It classifies its California financial advisors as exempt. In March 2015, Joseph Semprini, a Wedbush financial advisor, filed a complaint against Wedbush individually and on behalf of a proposed class. In causes of action one through seven, Semprini alleged Wedbush misclassified him and his fellow employees as exempt and therefore committed various Labor Code violations, including failure to pay minimum wage, failure to pay overtime, and failure to provide meal and rest periods. In causes of action eight through 18, Semprini asserted claims that were personal to him, such as disability discrimination, failure to accommodate, retaliation, and wrongful termination.

3 One month later, before Wedbush had filed a responsive pleading, Semprini filed a first amended complaint adding a 19th cause of action under PAGA. PAGA is a 2004 statute that permits private plaintiffs to sue their employers on behalf of the State of California and collect civil penalties for Labor Code violations committed against them and other aggrieved employees. Semprini…

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