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
Paul K. Haines
(Haines Law Group APC)
Fletcher W.H. Schmidt
(Haines Law Group APC)
Erica Baltodano
(Baltodano & Baltodano)
Defendant
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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