In March 2021, Aiman-Smith & Marcy won a $9.5 million judgment for about 640 California telecom workers. It took more than 14 years of litigation.
The Workers
Starting in 2002, the workers installed, maintained, and repaired cell phone towers for Telecom Network Specialists, Inc. (TNS). They removed old equipment and installed new gear that gave carriers like AT&T faster speeds and new features. Most were hired through staffing agencies, and they were not paid overtime or given proper meal and rest breaks as California law requires.
The Key Question
Because staffing agencies did the hiring, TNS argued it wasn’t responsible. The central question was whether TNS was a co-employer that had to provide breaks and make sure workers were paid overtime.
The Long Road to a Win
- 2006: The lawsuit is filed in Los Angeles Superior Court.
- 2013: ASM wins on appeal in Benton v. Telecom Network Specialists, Inc. (2013) 220 Cal.App.4th 701, now a landmark decision in wage and hour class actions.
- 2015: Judge John Wiley, Jr. certifies the class, finding that TNS’s role as co-employer, its duty to provide breaks and overtime, and damages can all be decided for the workers as a group.
- 2019: ASM wins summary judgment on unpaid overtime and missed breaks. The court awards $8.36 million in unpaid wages.
- 2020: After an eight-day bench trial before Judge David S. Cunningham III, the court awards another $1.17 million in Labor Code waiting time penalties.
ASM’s Role
Randall B. Aiman-Smith, Reed W.L. Marcy, and Hallie Von Rock of Aiman-Smith & Marcy, together with the Law Office of Jared E. Peterson, represented the class from start to finish. Lorenzo Benton and Curtis Walker served as class representatives. Reed Marcy described the defense as a “scorched earth” strategy meant to wear the workers down, and said the result shows the firm’s commitment to seeing cases through.
Why It Matters
Employers sometimes bet that workers will give up during years of litigation. These workers didn’t, and they recovered their full wages plus penalties. Companies that rely on staffing agencies can still be held responsible as co-employers.
Hired through a staffing agency and missed breaks or overtime? Contact Aiman-Smith & Marcy for a free consultation at (510) 760-7005.
Source: Benton v. Telecom Network Specialists, Inc. (filed as Booker v. Tanintco, Inc., et al.), Case No. BC349267, Los Angeles County Superior Court; Benton v. Telecom Network Specialists, Inc. (2013) 220 Cal.App.4th 701.