Kell Ascher Simon, Attorney

Cody et al. v. Bulwark Exterminating L.L.C.: I brought a lawsuit on behalf of pest control workers who were not paid overtime. The employer argued that the employees were exempt from overtime because they were paid on a commission basis. The Court's Order overruled the employer's Motion for Summary Judgment, questioning whether the commissions were paid under a "bona fide commission system." The Order also allowed the case to proceed as a nationwide collective action for all of the pest control workers employed by the company for the relevant time period. Rosales v. Cardiothoracic & Vascular Surgeons: This is a retaliatory termination case in which I represented a woman who was terminated from her job shortly after reporting to her manager that one of her co-workers had made offensive statements about people from Mexico. The case also alleged that the employer defamed our client when it reported to the school that placed her with the employer that her performance was poor. The U.S. Magistrate Judge who reviewed the case recommended that it proceed to trial, finding that there was sufficient evidence of the employer's intent to retaliate and of defamation.