Julia Bernstein, Lisa Marie Smith, and Esther Garcia, on behalf of themselves and all others similarly situated v. Virgin America Inc., and Does 1 - 10, inclusive
Published: Mar. 8, 2019 | Result Date: Jan. 16, 2019 |Case number: 3:15-cv-02277-JST Bench Decision – $77,000,000
Judge
Court
USDC Northern District of California
Attorneys
Plaintiff
Monique Olivier
(Olivier & Schreiber LLP)
Alison L. Kosinski
(Kosinski & Thiagaraj LLP)
Emily A. Thiagaraj
(Kosinski & Thiagaraj LLP)
Defendant
Nancy Villarreal
(Morgan, Lewis & Bockius LLP)
Brendan T. Killeen
(Morgan, Lewis & Bockius LLP)
Facts
Julia Bernstein filed a wage and hour class action lawsuit against Virgin America Inc.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs claimed that Virgin violated California labor laws regarding payment for hours worked, wage amounts, wage documentation and the provision of meal and rest breaks.
DEFENDANTS' CONTENTIONS: Defendants denied the contentions and contended that plaintiffs' damages model was erroneous.
Result
The court granted in part plaintiffs' motion for summary judgment on damages and ordered Virgin to pay $77 million in damages, restitution, interest and penalties for violations of the California Labor Code. The court subtracted prejudgment interest and reduced the remaining PAGA penalties by 25 percent but otherwise adopted the plaintiffs' damages model.
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