A former employee has taken legal action against a marketing firm, alleging a series of labor law violations that highlight ongoing issues with worker classification and fair treatment in the workplace. Loren Branton filed the complaint on September 13, 2024, in the Superior Court of California, County of Ventura, against National Web Marketing, LLC.
The lawsuit details Branton's employment journey with National Web Marketing from March 1, 2022, to March 27, 2024. Initially hired as a Sales Marketing Consultant, Branton was later reclassified as an independent contractor in November 2022 without any significant change in his job duties or employer control. This reclassification is at the heart of Branton's complaint. He argues that despite being labeled a contractor, he continued to perform tasks indistinguishable from those of an employee and remained under substantial control by his employer. "Defendants’ misclassification of Mr. Branton as a 1099 contractor was a willful attempt to avoid providing employment benefits and protections required by law," the complaint states.
Branton alleges multiple violations of California labor laws by National Web Marketing. These include failure to pay minimum wage for all hours worked, failure to pay overtime wages for work exceeding eight hours per day and forty hours per week, denial of compliant meal and rest breaks, and failure to provide accurate wage statements. The complaint also accuses the company of wrongful termination in violation of public policy and engaging in unfair business practices.
One particularly egregious claim involves unpaid commissions totaling approximately $15,000 at the time of Branton's termination on March 27, 2024. According to the complaint, "Defendants abruptly terminated Mr. Branton's employment without providing a reason," cutting off his email access before informing him of his termination and failing to pay owed wages as required by California Labor Code sections 201 and 203.
Branton seeks various forms of relief from the court. He is asking for general damages for lost earnings and employment benefits; special damages; compensatory damages for emotional distress; punitive damages; civil penalties under multiple sections of the California Labor Code; injunctive relief prohibiting National Web Marketing from continuing its unlawful practices; reasonable attorneys' fees; costs incurred during litigation; prejudgment and post-judgment interest; and any other relief deemed just by the court.
Representing Loren Branton is attorney Joshua I. White from Laurel Employment Law APC. The case has been assigned Case No.:2024CU OE030573 in the Superior Court of California under Judge Heidi Langley.