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Employment Law
Wage and Hour
Meal and Rest Period

Gerardo Segura, on behalf of himself and all others similarly situated v. San Jose LLC, Regional Medical Center of San Jose, and Does 1 to 100, inclusive

Published: Jan. 3, 2020 | Result Date: Oct. 18, 2019 | Filing Date: Jan. 5, 2017 |

Settlement –  $2,713,500

Judge

Brian C. Walsh

Court

Santa Clara County Superior Court


Attorneys

Plaintiff

Kevin T. Barnes
(Law Offices of Kevin T. Barnes)

Gregg Lander
(Law Offices of Kevin T. Barnes)

Sahag Majarian II
(Majarian Law Group APC)


Defendant

Richard J. Simmons
(Sheppard, Mullin, Richter & Hampton LLP)


Facts

Gerardo Segura and similarly situated employees filed a lawsuit against their employer, the San Jose Regional Medical Center, regarding wage and hour issues.

Contentions

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that defendant failed to pay them their proper wages due to illegal rounding. Plaintiffs also contended that defendant misclassified plaintiffs' employment status, resulting in plaintiffs not being paid proper overtime wages. Plaintiffs further contended that the misclassification resulted in them being denied lawful meal and rest breaks.

DEFENDANT'S CONTENTIONS: Defendant contended that it rounded wages properly. Defendant further contended that it properly classified employees, so there was no overtime or meal break violations.

Result

The parties settled. The San Jose Regional Medical Center agreed to pay plaintiffs $2,713,500.


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