Facts

Victor Rodriguez, Estreberto Valdez, Miguel Esparza, and Francisco Banda filed a class action lawsuit against their former employer M.J. Brothers Inc., Eduardo Martin, Daniel Martin, Fernando Martin, and Ronald Martin, in relation to defendants' employment and compensation practices.

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that defendants' shop workers were paid overtime only after having worked over 10 hours per day or 60 hours per week, and did not receive a second meal period after working over 10 hours per day. Plaintiffs also alleged operators worked over 12 hours per day and did not receive meal and rest periods until recently, and pruners worked over 8 hours per day without all meal and rest periods. Additionally, plaintiffs claimed truck drivers were paid at an overtime rate after having worked over 10 hours per day or 60 hours per week, and did not receive meal or rest periods until recently. Further, plaintiffs alleged truck drivers had to eat in their vehicles, were required to come to work on days they were not scheduled for, and would sometimes work under 4 hours and were not compensated at all for such time. Plaintiffs contended that weighers were only paid overtime after working over 10 hours per day or 60 hours per week, and did not receive meal or rest periods until recently. In addition, plaintiffs alleged they were required to come to work on days they were not scheduled or worked under 4 hours without compensation. Plaintiffs brought claims under the Fair Labor Standards Act, various California Labor Code sections, the California Business and Professions Code, and sought civil penalties under the California Private Attorneys General Act.

DEFENDANTS' CONTENTIONS: Defendants denied the allegations.

Result

The court granted preliminary approval of a $525,000 settlement agreement reached between the parties. Under the agreement, $131,250 of the settlement will pay attorney fees, $12,500 will pay costs, and $5,000 will be paid to each named plaintiff.