Farzad Kashanian, individually, and on behalf of others similarly situated, and as a private attorney general; Mathew Wade individually, and on behalf of others similarly situated, and as a private attorney general; Matthew Banbury individually, and on behalf of others similarly situated, and as a private attorney general; Kevin Pham individually, and on behalf of others similarly situated, and as a private attorney general; Jorge Tostado individually, and on behalf of others similarly situated, and as a private attorney general; Patrick Flautt an individual; Gabrielle Jimeno an individual; Nichole Phillips an individual v. Magic Inc. Which Will Do Business in California as Magic Services Inc. dba Plus Labs Inc. dba Magic; Mike Chen, an individual; Grant Lowery, an individual; David Merriman, an individual; Nic Novak, an individual; Benjamin Goodlove, an individual; Michael Rubin, an individual; Aaron Kemmer, an individual; and Does a through 50, inclusive
Published: Oct. 20, 2017 | Result Date: Sep. 29, 2017 | Filing Date: Apr. 22, 2016 |Case number: 1-16-CV-294231 Settlement – $240,000
Judge
Court
Santa Clara County Superior Court
Attorneys
Plaintiff
Darin R. Webb
(Gordon & Rees LLP)
Heather M. Davis
(Protection Law Group LLP)
Amir Nayebdadash
(Protection Law Group LLP)
Defendant
Joseph C. Liburt
(Orrick, Herrington & Sutcliffe LLP)
Alexandra R. Pavlidakis
(Orrick, Herrington & Sutcliffe LLP)
Facts
Plaintiffs filed a wage and hour class action against defendants, operators of an on-demand delivery service in San Jose.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiff contended that defendants violated the California Labor Code by misclassifying them as independent contractors, denying them meal and rest breaks, and requiring them to work off the clock.
DEFENDANTS' CONTENTIONS: Defense denied the allegations.
Result
The parties reached a class settlement of $240,000.
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