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Employment Law
Compensations, Benefits
Wage and Hour

Andy Huber on behalf of himself and all others similarly situated v. Majestic Pictures Inc. and Does 1 through 10

Published: Apr. 24, 2010 | Result Date: Nov. 24, 2009 | Filing Date: Jan. 1, 1900 |

Case number: 2:08-cv-02243-GAF-MAN Settlement –  $50,000

Court

USDC Central


Attorneys

Plaintiff

D. Alan Harris
(Harris & Ruble)

Matthew E. Kavanaugh


Defendant

Jonathan P. Barker
(Sheppard Mullin Richter & Hampton)

Douglas R. Hart
(Morgan, Lewis & Bockius LLP)


Facts

Defendant Majestic Pictures Inc. (Majestic) produced a television commercial for "Rooms to Go" in or about August 2007. Production employees, including Andy Huber, filed a class action against Majestic.

Contentions

PLAINTIFF'S CONTENTIONS:
The class argued that wages were not properly paid in accordance with state labor laws. Huber argued that after his employment was terminated, he did not receive a paycheck within the legally prescribed time limit. Huber also argued that minimum wage and overtime pay laws were violated. Also paychecks from Majestic did not comply with state law requiring statements or pay stubs. Specifically, Huber argued that Majestic violated California Labor Code Section 201.5, 204, 226, and 510 and USC Sections 206, 207(a)(1).

Damages

Huber argued that he and the class were entitled to their wages and penalties for 20 days. Remedies sought both for himself and the class included, besides continuing wages, restitution, liquidated damages, interest, attorney fees, costs, and civil penalties.

Result

The case was settled for $50,000: $500 to the California Labor and Workforce Development Agency, attorney fees and costs, administration fees, and the remainder to the class, determined by each member's average daily wage. After potential class members were notified, 24 elected to participate.

Other Information

JUDGES: Gary A. Feess, Margaret A. Nagle.


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