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Employment Law
Wage and Hour
Meal Period Violations

Sarah Litt, as an individual, and on behalf of all others similarly situated v. Western Stone & Metal Corp. dba Shane Co., and Does 1 through 10

Published: Aug. 8, 2015 | Result Date: Jul. 10, 2015 | Filing Date: Jan. 1, 1900 |

Case number: 4:14-cv-02804-PJH Bench Decision –  $650,000

Court

USDC Northern


Attorneys

Plaintiff

Hernaldo J. Baltodano

Paul K. Haines
(Haines Law Group APC)

Fletcher W.H. Schmidt
(Haines Law Group APC)

Erica Baltodano
(Baltodano & Baltodano)


Defendant

Christopher M. Foster

Rachel B. Cowen

Shannon M. Henderson

Benjamin M. Gipson
(DLA Piper LLP)


Facts

Sarah Litt, as an individual, and on behalf of all others similarly situated brought a class action against her employer Western Stone & Metal Corp. dba Shane Co. relating its payroll practices and meal and rest period policies for hourly non-exempt employees.

Contentions

PLAINTIFF'S CONTENTIONS:
Litt contended that Western Stone & Metal Corp.'s payroll practices resulted in the miscalculation of non-exempt employees' overtime rates and the underpayment of overtime wages. She further contended that its meal and rest period policies did not adequately communicate to California employees their right to take mandated meal and rest periods, and that Western Stone & Metal required employees to work seven days straight without paying them premium compensation for such work. The class action brought claims for failure to pay all overtime wages, violation of the Fair Labor Standards Act, meal period violations, and rest period violations, waiting time penalties, unfair competition and breach of contract.

DEFENDANT'S CONTENTIONS:
Western Stone & Metal denied the allegations unless specifically admitted, and asserted various affirmative defenses.

Result

Pursuant to a settlement reached between the parties, Western Stone & Metal agreed to pay a maximum of $650,000. California class members will receive approximately $1,390 and non-California class members approximately $56. Additionally, Western Stone & Metal revised its payroll practices regarding overtime rates of pay and its meal and rest period policies. Class counsel was awarded $162,500 in attorney fees and $24,622 for costs.


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