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Employment Law
Wage and Hour
Fair Labor Standards Act

Rodrigo Camilo, Alvaro Camilo, Ricardo Sanchez, Jose Manuel Lopez v. Severo C. Ozuna, Don Vito Ozuna Food Corporation

Published: Nov. 22, 2019 | Result Date: Oct. 21, 2019 |

Case number: 18-cv-02842-VKD Settlement –  $375,000

Judge

Virginia K. DeMarchi

Court

USDC Northern District of California


Attorneys

Plaintiff

Victoria L.H. Booke
(Booke & Ajlouny)

James A. DalBon
(Law Offices of James A. DalBon)


Defendant

Julian Pardo de Zela
(SV Employment Law Firm PC)

Stacey Ann Zartler
(SV Employment Law Firm PC)


Facts

Rodrigo Camilo, Alvaro Camilo, Ricardo Sanchez, and Jose Lopez filed a hybrid class action and collective action lawsuit against Severo Ozuna and Don Ozuna Food Corporation over various wage and hour issues.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiffs contended that defendant misclassified their employment status, resulting in overtime wages not being paid. Plaintiffs also contended they were denied proper meal and rest breaks. Plaintiffs further contended that they were not provided with an itemized record of earnings on their pay stub.

DEFENDANT'S CONTENTIONS: Defendants contended that they did not misclassify the plaintiff's employment status. Since there was no misclassification, defendants were not entitled to overtime, meal, and rest breaks. Defendant contended they followed all applicable state and federal employment laws.

Result

The parties agreed to a settlement. Defendants will play plaintiffs $375,000.


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