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Employment Law
Wage and Hour
Meal and Rest Period

Jennifer Augustus, individually and on behalf of all similarly situated individuals v. American Commercial Security Services, a wholly owned subsidiary of ABM Industries Inc., and Does 1 through 100, inclusive

Published: May 20, 2017 | Result Date: Mar. 20, 2017 | Filing Date: Jan. 1, 1900 |

Case number: BC336416 (consolidated with CGC5444421 and BC345918) Settlement –  $110,000,000

Court

L.A. Superior Central West


Attorneys

Plaintiff

Monica Balderrama
(Initiative Legal Group APC)

Drew E. Pomerance
(Roxborough, Pomerance, Nye & Adreani LLP)

Marina N. Vitek
(Roxborough Pomerance Nye & Adreani LLP)

Scott E. Cole
(Cole & Van Note)

Stephen C. Pasarow
(Knapp, Petersen & Clarke)

Diron M. Ohanian
(Knapp, Petersen & Clarke)

Jeffrey I. Ehrlich
(Ehrlich Law Firm)

Michael B. Adreani
(Roxborough Pomerance Nye & Adreani LLP)

Alvin L. Pittman
(Law Office of Alvin L. Pittman)

G. Arthur Meneses
(Initiative Legal Group APC)


Defendant

Bradley J. Hamburger
(Gibson, Dunn & Crutcher LLP)

Andrew G. Pappas
(Gibson Dunn & Crutcher LLP)

Keith A. Jacoby
(Littler Mendelson PC)

Theodore J. Boutrous Jr.
(Gibson, Dunn & Crutcher LLP)

Dominic J. Messiha
(Law Office of Dominic J. Messiha, PC)

Theane Evangelis
(Gibson, Dunn & Crutcher LLP)


Facts

Plaintiff filed a class action wage and hour complaint against ABM Security Services Inc. on behalf of herself and other current and former security guard employees of ABM.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that ABM failed to provide its security guard meal periods and rest periods in compliance with California law.

DEFENDANT'S CONTENTIONS:
Defendant denied wrongdoing and asserted various defenses.

Result

The parties settled for $110 million. The settlement class consists of approximately 15,000 employees. The settlement has been preliminarily approved, with a final approval hearing scheduled for June 30, 2017.

Other Information

Plaintiffs were granted summary judgment on their rest break cause of action in July 2012, in the amount of $89 million. The case was reversed in December 2014 by the Second District Court of Appeal, Div.1. Plaintiffs filed a Petition for Review with the Supreme Court, which was granted and in December 2016, the Supreme Court reversed the Court of Appeal, and reinstated the judgment of the trial court.


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