Walter Flores and Roxanne Bender, for themselves individually and on behalf of all others similarly situated v. Scriptdash Inc. dba Alto Pharmacy, and Does 1 -50
Published: Aug. 14, 2020 | Result Date: May 18, 2020 | Filing Date: Mar. 2, 2018 |Case number: CGC-18-564734 Settlement – $530,000
Judge
Court
San Francisco County Superior Court
Attorneys
Plaintiff
Roberto G. Ripamonti
(Lohr Ripamonti LLP)
Defendant
Conor J. Dale
(Jackson Lewis PC)
Facts
Couriers Walter Flores and Roxanne Bender delivered prescription medicine to customers of Defendant Scriptdash Inc., known as Alto Pharmacy. Plaintiffs filed a class action lawsuit alleging they were misclassified as independent contractors.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiffs contended Defendant failed to pay its employees for all hours worked, which included overtime compensation and federal mandated minimum wages, and misclassified the employees as independent contractors. Plaintiffs further contended Defendant wrongfully terminated certain employees; failed to pay all wages after the employees voluntarily or involuntarily terminated their employment; failed to provide employees with meal periods and failed to pay mandated meal periods; and failed to pay split shift payments. Plaintiffs contended Defendant also failed to reimburse business related expenses.
DEFENDANT'S CONTENTIONS: Defendant denied Plaintiffs' contentions and further denied liability for the claims of Plaintiffs or the Class members.
Result
The parties agreed to settle for $530,000.00. Scriptdash also agreed to reclassify its courier position as W2 employees moving forward, within 30 days of final approval, and to use no more independent contractor labor.
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