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8 years of litigation yield only $32 award plus attorneys' fees

July 2021 employment law letter
Authors: 
Mark I. Schickman, Schickman Law

This looked like a case about severe sexual harassment, but it turned into the smallest of wage and hour cases on the merits and a big battle about attorneys' fees and costs.

Shocking tale of two-hour employment

This case stems from two hours of employment, about which the parties tell two very different stories. They agree they met on October 1, 2011, when Marina Moreno, her friend, and Moreno's daughter were looking for a rental house. Moreno saw two men working. She asked if they knew where the rental house was located and whether there was any work available. Moreno, or someone with her, was directed to and then spoke to and exchanged contact info with Parmjit Singh Bassi, who with his wife owned Lucky Farms.

The next morning, Moreno went to Bassi's farm to begin work. When Bassi arrived, he told her to follow him. He drove to an almond orchard, and she followed him in her vehicle.

The two stories now diverge. Bassi says because Moreno hadn't contacted his contractor to make arrangements, he told her she couldn't work. Moreno began flirting with him, and they went to a nearby trailer and had sex in exchange for $250 the first time and $20 for the second time. He claims Moreno repeatedly asked for another $250 and got upset when he wouldn't pay it.

According to Bassi, Moreno didn't accuse him of rape and didn't act like she was scared or intimidated by him. He insisted he didn't rape her, as he said when later arrested and questioned by law enforcement.

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