Samantha D. Hardy

Samantha D. Hardy is a partner in the Labor and Employment Practice Group in the firm's San Diego Office.

Areas of Practice

Ms. Hardy practices labor and employment law, with an emphasis on California and national wage and hour issues.  She has a significant amount of experience representing employers in wage and hour class actions, both within California and nationwide, as well as representing employers before administrative agencies, advising management on wage and hour matters, and conducting wage and hour audits to identify potential issues.  Ms. Hardy has been active in influencing legislative changes of interest to her clients both inside and outside California.  She also handles a variety of other types of labor and employment matters.

Experience

Representative Wage and Hour Class Actions and Collective Actions

Roe v. Frito-Lay, Inc., Alameda Superior Court, Case No. RG13707606 (2013).  Class action on behalf of employment applicants for alleged violations of Fair Credit Reporting Act.  This case was settled. 

Rayas v. Love Culture, San Bernardino Superior Court, Case No. CIVDS1400091 (2014).  Class action on behalf of all current and former California non-exempt employees for alleged violations of unpaid overtime, meal and rest periods and other violations under California law.  This case is in the initial pleading stage.

Schilling v. Trench Plate Rental Co., San Diego Superior Court, Case No. 37-2013-00066297-CU-OE-CTL (2013).  Class action on behalf of all non-exempt employees for alleged violations of California law.  This case is in the discovery stage.

Wilkinson v. Pepsi Bottling Group, Inc., United States District Court, District of North Dakota, Case No. 3:13‑cv‑00084 (2013).  Collective action brought by three former route/sales drivers alleging failure to pay overtime under the Fair Labor Standards Act.  This case is in the discovery stage.

Hart v. U.S. Bank, United States District Court, District of Arizona, Case No. 2:12‑cv‑02471‑GMS (2012).  Collective action on behalf of vehicle underwriters alleging failure to pay overtime compensation in violation of the Fair Labor Standards Act.  This case is in the discovery stage.

Hernandez v. Pacific Coast Steel, San Diego Superior Court, Case No. 37-2012-00087017-CU-OE-CTL (2012).  Class action on behalf of all non-exempt employees and former employees of Defendants who worked as iron workers with similar job duties at any of its California locations for alleged violations of California law.  This case is in the settlement stage.

Williams v. U.S. Bank, United States District Court, Eastern District of California, Case No. 2:12‑cv‑01907‑LKK‑EFB (2012).  Class action on behalf of mortgage underwriters alleging failure to pay overtime compensation in violation of the Fair Labor Standards Act and California law.  This case is in the discovery stage.

Rockwell v. Pepsi Bottling Group, Inc., United States District Court, Western District of Pennsylvania, Case No. 2:12‑cv‑00403 (2012).  Collective action on behalf of bulk customer representatives alleging failure to properly pay variable rate overtime under the Fair Labor Standards Act.  This case was dismissed.

McEliece v. Pepsi Bottling Group, Inc., United States District Court, Western District of Pennsylvania, Case No. 2:12‑cv‑00460 (2012).  Class action on behalf of bulk customer representatives alleging failure to pay overtime under the Fair Labor Standards Act.  This case was settled.

Buza v. Kraft Foods Global, Inc., United States District Court, Western District of Pennsylvania, Case No. 1:12‑cv‑00068 (2012).  Collective action on behalf of wall-to-wall sales representatives alleging failure to pay overtime in violation of the Fair Labor Standards Act.  This case was dismissed.

Dziadyk v. Kraft Foods Global, Inc., United States District Court, Western District of Pennsylvania, Case No. 2:12‑cv‑00205 (2012).  Class action on behalf of wall-to-wall sales representatives alleging failure to pay overtime in violation of Pennsylvania law.  This case was settled.

Ascencio v. Oceaneering International, Inc., United States District Court, Southern District of California, Case No. 12cv112-L (2011).  Class action on behalf of non-exempt hourly employees for alleged failure to pay prevailing wages and overtime, and alleged violations of meal and rest breaks under California law.  This case was settled with the individual plaintiff and the class claims were dismissed.

Morales v. Pepsi Bottling Group, Inc., United States District Court, District of New Jersey, Case No. 3:33‑av‑00001 (2011).  Collective action on behalf of all hourly employees alleging failure to pay meal breaks under the Fair Labor Standards Act.  This case was settled with the named plaintiff and the class claims were dismissed.

Marchione v. Pepsi Bottling Group, Inc., United States District Court, Middle District of Florida, Case No. 8:11‑cv‑2606‑T‑30TGW (2011).  Class action on behalf of field service technicians alleging failure to pay straight-time and overtime compensation based on allegations of “off-the-clock” work and uncompensated commute time under Florida law and in violation of the Fair Labor Standards Act.  This case was settled with two individual plaintiffs and the class claims were dismissed.

Bengel v. Pepsi Bottling Group, Inc., United States District Court, Western District Of Pennsylvania, Case No. 2:11‑cv‑00644‑GLL (2011).  Class action on behalf of pre-sell merchandisers represented by General Teamsters, Chauffeurs and Helpers Local 249 alleging failure to pay overtime compensation in violation of the Fair Labor Standards Act.  This case was settled.

Kornbau v. Frito-Lay North America, Inc., United States District Court for the Northern District of Ohio, Case No. 4:11‑cv‑02630 (2011).  Nationwide class action on behalf of all route sales representatives across the country alleging failure to pay overtime compensation in violation of the Fair Labor Standards Act.  Frito-Lay prevailed on a motion to dismiss plaintiffs’ complaint and the case was dismissed.

Scarlett v. U.S. Bank National Association, United States District Court, Central District of California, Case No. 2:11-cv-10185-SVW-E (2011). Class Action on behalf of bank tellers alleging failure to pay wages owed for pre-shift work, failure to pay overtime compensation for pre-shift work, failure to provide accurate wage statements, failure to timely pay wages, violations of the California Business and Professions Code sections 17200, et seq., and penalties under the Private Attorney's General Act.  This case was settled.

Roeh v. J.K. Hill, United States District Court, Southern District of California, Case No. 3:110cv-01097-JAH-WVG (2011). Class Action on behalf of hourly employees alleging unfair competition in violation of California Business and Professions Code sections 17200, et seq., failure to pay overtime wages in violation of California and federal law, failure to provide accurate itemized wage statements, and failure to reimburse employees for required expenses.  This case was settled.

White v. EDCO Disposal Corporation, et al., San Diego Superior Court, Case No. 37-2011-00088803 (2011). Class Action on behalf of hourly garbage truck workers and other similarly situated employees alleging wage theft/time shaving, failure to pay overtime, failure to provide meal periods, failure to authorize and permit periods, knowing and intentional failure to comply with itemized employee wage statement provisions, conversion, fraud, unjust enrichment, waiting time penalties, and violation of unfair competition law.  This case was settled.

Elliott v. Rolling Frito-Lay Sales, LP, United States District Court, Central District of California, Case No. SACV11-1730 (2011).  Class Action on behalf of Merchandisers and Route Sales Associates alleging failure to pay overtime, failure to provide meal and rest periods, and failure to provide accurate itemized wage statements.  This case was settled. 

Metcalf v. Kraft Foods Global, Inc., Los Angeles Superior Court, Case No. BC467366 (2011).  Class Action on behalf of Merchandisers alleging failure to pay overtime, failure to provide meal and rest periods, failure to provide accurate itemized wage statements, failure to timely pay wages at termination, violation of the Private Attorney General Act, and violation of California Business and Professions Code Section 17200.  This case is in the settlement stage.

Witman v. Level 3 Communications, LLC, San Diego Superior Court, Case No. 37-2010-00096892-CU-BC-CTL (2010).  Class action on behalf of all employees claiming unpaid commission earnings.  This case was settled.

Hu v. International Rectifier Corporation, San Diego Superior Court, Case No. 37-2010-00096892-CU-BC-CTL (2010).  Class action on behalf of employees for alleged failure to pay wages in the form of stock awards.  This case is in the settlement stage.

Leigh v. Bottling Group, LLC, United States District Court, District of Maryland, Case No. 8:10-cv-00218-DKC (2010).  Class action on behalf of vacation relief - sales representatives alleging failure to pay overtime compensation in violation of the Fair Labor Standards Act.  This case was settled.

Jefferson/Wright v. Bottling Group, LLC, Orange County Superior Court, Case No. 30-2009-00180102 (2009).  Class action on behalf of Warehouse and Production Supervisors alleging misclassification as exempt employees, resulting in failure to pay wages and overtime wages, failure to provide mandated meal periods and rest breaks, failure to make payments within the required time, and violations of California Business & Professions Code Section 17200.  This case was settled.

Foster v. Kraft Foods Global, Inc., United States District Court, Western District of Pennsylvania, Case No. 09-453 (2009).  Class action on behalf of Sales Representatives alleging that Kraft improperly compensates its employees for overtime hours worked.  This case was settled.

Uitz v. Frito-Lay, Inc. and Rolling Frito-Lay Sales, LP, United States District Court, Central District of California, Case No. 2:09-CV-08472 (2009).  Class action on behalf of Route Sales Representatives alleging that Frito-Lay failed to provide meal periods, did not pay for extra days worked, and did not pay employees timely upon termination.  The class allegations were dismissed and individual claims settled.

De Stefan v. Frito-Lay, Inc., United States District Court, Central District of California, Case No. SACV10-112 (2009).  Class action on behalf of Route Sales Representatives alleging unpaid overtime, waiting time penalties and itemized wage statement violations on the part of Frito-Lay.  This case was settled.

Beltran v. Kraft Pizza Company, Los Angeles County Superior Court, Case No. BC385176 (2008).  Class action on behalf of Sales Representatives alleging failure to pay overtime and to provide meal periods and rest breaks.  This case was dismissed.

Lotts v. Pepsi Bottling Group, Orange County Superior Court, Case No. 00209388 (2008).  Class action on behalf of all national warehouse employees and all California non-exempt employees alleging failure to pay overtime compensation, failure to provide meal and rest periods, failure to provide itemized statements, failure to pay wages upon termination of employment, violation of California Business & Professions Code Section 17000, penalties pursuant to Labor Code Section 2699, failure to pay overtime in violation of the federal Fair Labor Standards Act, and failure to pay minimum wage.  This case was settled with the individual plaintiff and the class claims were dismissed.

Supernak v. Sprint/United Management Company, San Diego Superior Court, Case No. 37-2008-00078380-CU-OE-CTL (2008).  California class action alleging that Sprint's non-exempt employees were subject to an unlawful vacation/PTO policy.  This case was dismissed.

Wooden v. Pepsi Bottling Group, Alameda County Superior Court, Case No. RG08421161 (2008).  Class action on behalf of sales representatives alleging violations of the Labor Code, violation of California Business & Professions Code Section 17200, failure to provide mandated meal periods and rest breaks, failure to indemnify employees for expenditures and/or losses and expenses, and failure to make payments within the required time.  This case was settled.

Nunez v. Pepsi Bottling Group, Los Angeles County Superior Court, Case No. BC391137 (2008).  Class action on behalf of Sales Representatives alleging failure to pay wages, violations of waiting time wage provisions, failure to provide accurate itemized statements, failure to provide meal and rest periods, and violation of California Business & Professions Code Section 17200.  This case was settled.

Clark and Patterson v. Kraft Foods Global, Inc., Pennsylvania State Court, Delaware County Court of Common Pleas, Case No. 08-13199 (2008).  Class action on behalf of Sales Representatives alleging that Frito-Lay improperly compensates its employees for overtime hours worked.  The class claims were dismissed and individual claims settled.

Foucher v. Kraft Foods Global, Inc., United States District Court, Eastern District of Michigan, Case No. 2:08-cv-14896 (2008).  Class action on behalf of Sales Representatives alleging violations of the federal Fair Labor Standards Act and the Employee Retirement Income Security Act.  We prevailed on a Motion to Dismiss.

Cerutti v. Frito-Lay, Inc., Pennsylvania State Court, Fayette County Court of Common Pleas (2008).  Class action on behalf of Route Sales Representatives alleging violations of the Pennsylvania Minimum Wage Act.  This case was settled.

Whiteley v. The Dress Barn, Inc., Alameda County Superior Court, Case No. RG08387868 (2008).  Class action on behalf of California Retail Store Managers alleging that the Store Managers were misclassified as exempt employees and are thus entitled to overtime compensation and premium pay for missed meal periods and rest breaks.  This case was settled.

Ocampo v. The Pepsi Bottling Group, United States District Court, Central District of California, Southern Division, Case No. SACV07-866 CJC (JCx) (2007).  Class action on behalf of merchandisers, reset coordinators, and employees in other similar positions alleging failure to pay wages and overtime wages, failure to provide required meal breaks, failure to provide required rest breaks, failure to properly itemize wage statements, various penalties pursuant to the California Labor Code, and violation of California Business & Professions Code Section 17200.  This case was settled.

Garcia v. WJW Enterprises San Diego Incorporated, dba Take A Break Services, et al., San Diego County Superior Court, Case No. 37-2007-00077479 (2007).  Class action on behalf of Sales Representatives alleging failure to pay overtime and to provide meal periods and rest breaks.  This case was settled as to the Named Plaintiffs only and all class claims were dismissed. 

Castellanos v. The Pepsi Bottling Group, Inc., United States District Court, Northern District of California, Case No. C 07‑03961 JL (2007).  Class action on behalf of all hourly employees in the State of California alleging failure to provide meal and rest periods, failure to provide accurate wage statements, failure to pay minimum wage, failure to timely pay wages, and violation of Business & Professions Code section 17200.  This case was settled.

Padilla v. Kraft Foods Global, Inc., Orange County Superior Court, Case No. 07CC00009 (2007).  Class action on behalf of sales representatives alleging misclassification, failure to pay overtime, and failure to provide meal and rest periods.  This case was settled.

Goodman v. The Pepsi Bottling Group, Ventura County Superior Court, Case No. CIV 241341 (2006).  Class action on behalf of drivers alleging failure to pay overtime, failure to pay for missed meal and rest periods, failure to pay minimum wages, violation of Business & Professions Code Section 17200, failure to provide accurate wage statements and violation of Labor Code Section 203.  This case was settled.

Charpentier v. Frito-Lay, Inc., United States District Court, Central District of California, Case No. SA CV06-1215 (2006).  Class action alleging failure to pay overtime wages, failure to provide meal and rest periods, failure to pay wages for working through meal and rest periods, conversion, failure to pay wages of terminated employees, failure to provide itemized wage statements, and violation of California Business & Professions Code Sections 17200 et seq.  This case was settled.

Berner v. Kraft Foods, Inc., United States District Court, Central District of California, Case No. CV06-1621 RGK (CT) (2006).  Class action on behalf of merchandisers alleging failure to provide meal periods and rest breaks, failure to pay for all hours worked, failure to provide itemized wage statements, and violation of Business & Professions Code Section 17200.  This case was settled.

Hanning v. Kraft Foods Global, Inc., United States District Court, Southern District of Texas, Case No. 4:06‑CV‑02097 (2006).  Class action on behalf of all sales representatives within the state of Texas alleging misclassification and failure to pay overtime.  This case was settled as to the Named Plaintiffs only and all class claims were dismissed. 

Turner v. Kraft Foods Global, Inc., United States District Court, Southern District of Mississippi, Case No. 3:06cv00383-HTW-JCS (2006).  Class action on behalf of Retail Customer Managers alleging failure to pay overtime and fraudulent misrepresentation.  Plaintiff sought declaratory judgment and punitive damages based on alleged misclassification as exempt employees.  This case was originally brought in Mississippi state court and was removed to federal court.  This case was settled as to the Named Plaintiff only and all class claims were dismissed. 

Martin v. FedEx Ground Package System, Inc., San Francisco Superior Court, Case No. CGC‑06‑456310 (2006).  Class action on behalf of all non‑exempt, non‑driver employees in the State of California alleging failure to provide meal and rest periods, failure to provide itemized wage statements, conversion, and violation of Business & Professions Code section 17200.  This case was settled.

Bailey v. Accor North America, Inc. and Motel 6 Cooperating LP, San Francisco Superior Court, Case No. CGC‑04-436677 (2005).  Class action seeking wages and penalties on behalf of Defendants' motel managers.  This case was settled.

Boren v. Kraft Foods Global, Inc., United States District Court, Northern
District of California, Case No. C06-02563-SI (2005).  Class action on behalf of drivers alleging failure to provide meal periods and rest breaks and resulting waiting time penalties.  Plaintiff also alleged that Defendant violated Business & Professions Code Section 17200 claims.  This case was settled.

Boulos v. Frito-Lay, Inc, Orange County Superior Court, Case No. 04CC00137 (2004).  Class action alleging failure to provide meal and rest periods and mileage reimbursements.  This case was settled.

Carballo v. Pepsi Bottling Group, United States District Court, Western District of Florida, Case No. 04-20313-CIV (2004).  Class action by Customer Representatives seeking overtime under the Fair Labor Standards Act.  This case was settled.

Carter v. Pepsi Bottling Group, Kent County Circuit Court of Michigan, Case No. 05-06722NZ (2004).  Class action by Customer Representatives seeking overtime which was originally filed in federal court under the Fair Labor Standards Act and the Michigan Minimum Wage Law.  We prevailed on a motion to dismiss the federal claims and then on a motion to dismiss for lack of jurisdiction.  The case was subsequently refiled in state court, where we prevailed on a Motion for Summary Judgment.  Plaintiffs appealed that ruling, but subsequently withdrew their appeal. 

Gonzalez v. Charlotte Russe, San Diego County Superior Court, Case No. GIC 835807 (2004).  Class action on behalf of store managers alleging that they were improperly classified as exempt from overtime wages.  This case was settled.

Kenemixay v. Nordstrom, Inc., Los Angeles Superior Court, Case No. BC318850 (2004).  Class action alleging miscalculation of overtime rates.  This case was settled.

Kravitz v. Nordstrom, Inc., Orange County Superior Court, Case No. 04CC00547 (2004).  Class action alleging incorrect classification of Department Managers as overtime exempt.  We defeated plaintiffs' motion for class certification.

Savala v. Nordstrom, Inc., Orange County Superior Court, Case No. 04CC00700 (2004).  Class action seeking damages for alleged improper deductions from commissions, labor code violations, and conversion.  This case was resolved.

Allison v. Pepsi Bottling Group, Inc., United States District Court, Western District of Michigan, Case No. 03-CV-244 (2003).  Class action on behalf of Customer Representatives seeking overtime under the Fair Labor Standards Act and the Michigan Minimum Wage Law.  The case was certified for review by the Sixth Circuit on an issue of Michigan state law, and by agreement of the parties, was subsequently returned to the District Court via an FRCP Rule 60(b) Motion, where all claims were dismissed and judgment was entered in favor of defendants.

Altamirano v. Kraft Pizza Company, Orange County Superior Court, Case No. 03CC00253 (2003).  Class action by pizza sales representatives seeking alleged unpaid commissions.  This case was settled.

Dittman-Osgood, et al. v. Dress Barn, Inc., San Diego Superior Court, Case No. GIC 806714 (2003).  Class action on behalf of Managers and Associate Co-Managers alleging improper classification as exempt and failure to make overtime payments.  Also alleged that a portion of the class worked "off-the-clock."  This case was settled.

Moubayed, et al. v. [A Wireless Telecommunications Company], San Diego Superior Court, Case No. GIC814026 (2003).  Class action brought by wireless telecommunications engineers alleging they were misclassified as exempt.  The case was settled with the individual defendants only.

Serdah v. Hotcakes, Inc., San Diego Superior Court, Case No. GIC 816306 (2003).  Class action alleging failure to pay meal and rest periods and that they were required to work off-the-clock.  This case was settled.

Williams v. Kraft Foods Global, Inc., Los Angeles Superior Court, Case No. BC304123 (2003).  Class action on behalf of merchandisers alleging unpaid overtime and meal period penalties under California law.  This case was settled.

Brock, et al. v. The Pepsi Bottling Group, Inc., Sacramento Superior Court, Case No. 02AS02643 (2002).  Class action brought by present and former outside salespersons of Pepsi Bottling Group.  Plaintiffs alleged they were improperly treated as exempt employees and denied overtime.  We were able to convince plaintiffs to drop the class allegations and the case was settled with regard to 15 identified plaintiffs.

Olguin v. FedEx Ground Package System, Inc., Orange County Superior Court, Case No. 02CC00200 (2002).  Class action on behalf of package handlers alleging failure to provide meal periods and rest breaks.  This case was settled.

Wilson v. The Pepsi Bottling Group, Inc., San Diego Superior Court, Case No. GIC794068 (2002).  Class action brought by present and former outside salespersons of Pepsi Bottling Group.  Plaintiffs alleged they were improperly treated as exempt employees and denied overtime.  We were able to convince plaintiff to drop the class allegations, and this case was settled with regard to one plaintiff only.

Duvall v. Pepsi-Cola Company of New York, Riverside Superior Court, Case No. RIC366444 (2001).  Class action brought by present and former outside salespersons of Pepsi Bottling Group.  Plaintiffs alleged they were improperly treated as exempt employees and denied overtime.  The named plaintiff agreed to dismiss the case without prejudice and participated in a parallel class action that had previously been filed.

Eaton v. Adolph Coors Co., Orange County Superior Court, Case No. 01CC00140 (2001); Porter v. Coors Distributing Co., Orange County Superior Court, Case No. 01CC00141 (2001).  This was a consolidated class action on behalf of account and sales representatives alleging improper classification as overtime exempt.  This case was settled.

Reyes, et al. v. Pepsi-Cola Bottling Company, Los Angeles Superior Court, Case No. BC264435 (2001).  Class action brought by present and former outside salespersons of Pepsi Bottling Group.  Plaintiffs alleged they were improperly treated as exempt employees and denied overtime.  We were able to convince the named plaintiffs to drop the class allegations, and then we resolved the case with ten plaintiffs.

Fisher v. Nabisco, Alameda County Superior Court, Case No. 825133-4 (2000).  Class action on behalf of retail representatives and customer sales representatives that worked for Nabisco in California.  The suit alleged violations of the California overtime laws as well as the California Business & Professions Code.  This case was settled.

Hahn v. Circuit City Stores, Inc., San Diego Superior Court, Case No. GIC741306 (2000).  Class action on behalf of current and former employees who allege that Circuit City failed to properly pay vacation benefits under California law.  This case was settled.

Lehmuth v. Qualex, Inc., Orange County Superior Court, Case No. 00CC02825 (2000).  Class action on behalf of store managers challenging application of overtime exemption under California law.  This case was mediated and settled prior to any class certification motion.

Muller v. Pepsi Bottling Group, Inc., Alameda County Superior Court, Case No. 831575-3 (2000).  Class action brought by present and former outside salespersons of Pepsi Bottling Group alleging they were improperly treated as exempt employees and denied overtime.  This case was settled.

Weddle v. Frito-Lay, Inc., United States District Court, Northern District of California, Case No. C99527SBA (1999).  Class action on behalf of California sales employees for alleged unpaid overtime wages.  This case was settled.

Ramirez v. Circuit City Stores, Inc., Alameda County Superior Court, Case No. 800868-2 (1998).  Class action brought by current and former car stereo installers alleging they were improperly required to provide their own tools.  This case was settled. 

Honors

San Diego Super Lawyer, 2015-2018

Legal 500 US, Employment Law Counseling, 2007

Articles

• Everything You Wanted to Know About Wage and Hour Class Action Lawsuits But Were Afraid to Ask
• Regular Rate of Pay: Avoiding Common Mistakes in Calculating Overtime Pay in California
• Federal Computer Employee Exemption: Are You in Compliance?  

Speaking Engagements

• Ms. Hardy speaks frequently to various employers' groups on a variety of issues and is a frequent presenter of the firm's Breakfast With Your Labor Lawyer seminars.
• Speaker, "Now You See It, Now You Don't - Keeping Up with California's Ever-Changing Wage and Hour Laws," National Retail Federation HR and Employment Law Fall Meeting, New York, October 22, 2018
• Co-presenter, "The Impact of Recent Marijuana Laws on the Workplace: A "Joint" Presentation," 2013 Committee on Employment Law Spring Conference, Longboat Key, Florida, April 2013

Events

Memberships

Member, Federal Bar Association

Member, American Bar Association

Member, San Diego County Bar Association

Member, Wage and Hour Subcommittee, National Retail Federation

Digital Media