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Employment Law
Labor Code Violation
Employee Breaks

Chip Williams v. Centerplate Inc., Centerplate of Delaware Inc.

Published: Sep. 14, 2013 | Result Date: Aug. 26, 2013 | Filing Date: Jan. 1, 1900 |

Case number: 3:11-cv-2159 Settlement –  $650,000

Court

USDC Southern District of California


Attorneys

Plaintiff

Roger R. Carter
(The Carter Law Firm)

Marc Phelps

Scott B. Cooper
(Orange County Superior Court)

Raul Cadena

Nicole R. Roysdon
(Wilson, Turner & Kosmo LLP)


Defendant

Scott J. Witlin
(Barnes & Thornburg LLP)

Steve Hernandez


Facts

Chip Williams and other plaintiffs filed a class action against Centerplate Inc. and Centerplate of Delaware Inc. alleging violations of the California Labor Code, wage orders of the Industrial Welfare Commission (ICW), and California's Unfair Competition Law. Defendants were hospitality service companies, which provided concessions at sports stadium, convention centers, and golf courses. Plaintiffs worked for defendants as non-exempt employees.

Contentions

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that defendants failed to provide them with the required meal and rest breaks, and failed to pay them compensation as required by the state's wage and hour laws. Plaintiffs also alleged that defendant failed to properly pay them for the hours they worked, including overtime hours at overtime rates. Moreover, plaintiffs claimed that defendants required them to purchase and maintain their uniforms as a condition of employment. Plaintiffs also claimed that defendants failed to promptly pay employees upon termination of employment and failed to maintain accurate records.

Result

The parties reached a settlement in mediation whereby defendants agreed to provide $650,000 into a settlement fund to settle the class action.


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