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Employment Law
Fair Labor Standards Act
Wage and Hour

Tamara Micciche, on behalf of herself and on behalf of a Class of all other persons similarly situated v. Schneider Electric, American Power Conversion and Does 1 through 100, inclusive

Published: Oct. 27, 2012 | Result Date: Aug. 20, 2012 | Filing Date: Jan. 1, 1900 |

Case number: 8:11-cv-01479-JVS-JCG Settlement –  $1,100,000

Court

USDC Central


Attorneys

Plaintiff

Bianca A. Sofonio
(The Carter Law Firm)

Richard E. Quintilone II
(Quintilone & Associates)

Roger R. Carter
(The Carter Law Firm)

Scott B. Cooper
(Orange County Superior Court)


Defendant

John K. Lilly

James E. Hart


Experts

Plaintiff

David J. Krofina
(technical)

Facts

Tamara Micciche, a sales employee, claimed that her employer, Schneider Electric SA, engaged in wage and hour violations. Micciche alleged that Schneider violated California's Labor Code and the Fair Labor Standards Act. While Micciche originally brought a class action suit against Schneider, it was determined that American Power Conversion was the actual employer involved in the case. Schneider was let out and the lawsuit was amended to include American Power.

The class claimed that their employer failed to pay straight and overtime wages, failed to provide required meal and rest breaks, and failed to reimburse business expenses.

American Power argued that its pay practices and policies were lawful. They further argued that individualized issues predominated over common facts, so the matter was not suitable for class treatment.

Result

The parties settled for $1.1 million.


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