Michael Burnham, Fernando Castillo, Neva Crawford, Ricky Crawford, Ted Day, John Gugler, Charles Howlett, Eduardo Jimenez, Bill McMahon, Jody Paulson, Robert Rojas, Todd Shook, Tony Skirrow, Dante Steward, Salvador Bucio Suarez and Daniel Ware, and all other "aggrieved" employees v. Ruan Transportation, and Does 1 through 100, inclusive
Published: Feb. 13, 2016 | Result Date: Feb. 4, 2016 | Filing Date: Jan. 1, 1900 |Case number: 8:12-cv-00688-AG-AN Settlement – $3,500,000
Court
USDC Central
Attorneys
Plaintiff
Aashish Y. Desai
(Desai Law Firm PC)
Adrianne De Castro
(Desai Law Firm PC)
Defendant
Ani M. Akopyan
(Akopyan Law Firm APC)
Facts
Michael Burnham, Fernando Castillo, Neva Crawford, Ricky Crawford, Ted Day, John Gugler, Charles Howlett, Eduardo Jimenez, Bill McMahon, Jody Paulson, Robert Rojas, Todd Shook, Tony Skirrow, Dante Steward, Salvador Bucio Suarez and Daniel Ware, and all other "aggrieved" employees filed a wage and hour class action against Ruan Transportation.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs were truck drivers for defendant who alleged the company failed to pay them for all hours worked. Plaintiffs complained that the company also did not provide them with meal and rest breaks. Plaintiffs complained they received a flat rate regardless of the time they spent doing actual work. As such, plaintiffs sought back wages. Plaintiffs asserted claims for violation of Labor Code Section 2699, unfair competition under Business and Professions Code Section 17200, and waiting time penalties under Labor Code Sections 201-203.
DEFENDANT'S CONTENTIONS:
Defendant denied any wrongdoing and maintained it had compensated plaintiffs fairly and lawfully and provided them with the opportunity to take meal and rest breaks in accordance with applicable law. Defendant claimed plaintiffs had conflated this and another previously filed actions.
Result
The parties reached a $3.5 million settlement, which includes an award of $5,000 to each named plaintiff, $980,000 in attorney fees, and $18,411.25 in costs. Final approval of the settlement was granted on Feb. 4, 2016.
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