Ian D'Sa, Maria Diaz, Jorge Valdivia, and Francisco Romero, on behalf of themselves, all others similarly situated v. Amber India Corporation, Amber India Commercial Inc., Amber India Enterprise Inc., Vijay Bist, Vijay Kumar, and Does 1 - 25
Published: Feb. 23, 2018 | Result Date: Jan. 25, 2018 |Case number: CGC-15-544578 Settlement – $570,000
Judge
Court
San Francisco County Superior Court
Attorneys
Plaintiff
Richard A. Hoyer
(Hoyer & Hicks)
Ryan L. Hicks
(Hoyer & Hicks)
Defendant
Jeffrey V. Ta
(Lagasse Branch Bell Kinkead)
Colin W. Larson
(Littler Mendelson PC)
Facts
Plaintiffs, employees of seven different Amber India restaurant locations, filed a class action complaint against their employer.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs claimed they did not have time to take meal breaks or rest breaks, and that defendants did not implement break policies or allowed meal or rest breaks. Plaintiffs contended that they were not paid for missed breaks. One of the plaintiffs alleged that a manager at a defendant restaurant once expressly stated employees could not take breaks due to the business of the restaurant. The plaintiffs also contended that the defendant manipulated time records and omitted information from wage statements to avoid paying overtime.
Plaintiffs asserted causes of action for California wage law violations, including the Private Attorneys General Act of 2004, during a specific time frame ending in 2015.
DEFENDANTS' CONTENTIONS: Defendants denied the claims and proffered several affirmative defenses. Defendants contended that its policies required proper rest and meal breaks, and that its wage statements and other records were accurate and legally compliant.
Damages
Unpaid wages and overtime, as well as civil penalties, were requested.
Result
The parties stipulated to a settlement agreement in the gross amount of $570,000. The maximum amount to participating class members after the other payments would total $327,500 of the gross settlement amount.
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