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Employment Law
Compensations, Benefits
Wage and Hour

In re: M.L. Stern Overtime Litigation

Published: Jun. 6, 2009 | Result Date: Apr. 13, 2009 | Filing Date: Jan. 1, 1900 |

Case number: 07-0118 Settlement –  $945,960

Court

USDC Southern District of California


Attorneys

Plaintiff

Katherine Bornstein

Joseph H. Meltzer
(Kessler, Topaz, Meltzer & Check LLP)

Mark Yablonovich
(Law Offices of Mark Yablonovich)

Marc Primo

Gerald D. Wells


Defendant

James R. Ballard

Sarah R. Brite Evans
(Schwartz, Semerdjian, Cauley & Moot LLP)


Facts

Plaintiffs Gerald Till, Denny Bilikas, and Craig Taggart were employed by defendant M.L. Stern & Co. LLC as account executives between Nov. 13, 2002 and Dec. 31, 2006. The plaintiff class was certified to include all those similarly situated to the named plaintiffs.

Contentions

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that there were misclassified as exempt employees not entitled to overtime wages. Plaintiffs argued that M.L. Stern failed to provide meal and rest breaks; took illegal paycheck deductions; did not provide proper wage statements; and did not provide accurate compensation.

DEFENDANTS' CONTENTIONS:
M.L. Stern denied all allegations.

Result

The plaintiffs accepted a settlement of $945,960 on behalf of 216 former and one current employee. All other employees who were potential class members previously agreed to release defendant from any potential claims. The named plaintiffs received incentive payments of $15,000.

Other Information

The proposed class action complaint was filed with the San Diego Superior Court on Nov. 13, 2006. Thereafter, M.L. Stern removed the case to the U.S. District Court of the Southern District of California, where it was consolidated with a similar action filed Nov. 17, 2006 in Los Angeles Superior Court.


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