Nicole Dorsette, on behalf of herself and all others similarly situated, and on behalf of the general public v. TA Operating, LLC, a Delaware limited liability company, dba Travelcenters of America, and Does 1 through 50, inclusive
Published: Mar. 26, 2011 | Result Date: Jul. 28, 2010 | Filing Date: Jan. 1, 1900 |Case number: 5:09-cv-01350-PA -RZ Settlement – $900,000
Court
USDC Central
Attorneys
Plaintiff
Kenneth S. Gaines
(Gaines & Gaines APLC)
Daniel F. Gaines
(Gaines & Gaines APLC)
Defendant
Jack S. Sholkoff
(Ogletree, Deakins, Nash, Smoak & Stewart PC )
Cheryl L. Schreck
(Fisher & Phillips LLP)
Facts
Nicole Dorsette was an employee of TA Operating LLC.
Dorsette filed a class action suit against TA Operating, alleging violations of the California Labor Code.
Contentions
PLAINTIFFS' CONTENTIONS:
The class contended that TA Operating made unlawful deductions from employees' wages, failing to pay wages on demand without discount, and forced employees to patronize the company. The class further alleged that TA Operating automatically charged employees $1 per week without consent for employees to have unlimited fountain beverages from company machines, additionally charging employees if they did not provide their own cups. The class further contended that TA Operating failed to properly compute overtime paid to employees on commission wages.
Additional claims included failure to issue pay cards to employees in compliance with Labor Code section 212, and claims for derivative penalties.
DEFENDANT'S CONTENTIONS:
TA Operating denied the allegations.
Damages
The class sought compensatory damages for check cashing fees, illegal wage deductions, as well as penalties, injunctive relief, and attorney fees and costs.
Result
The parties reached a settlement for $900,000.
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