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Employment Law
Wage and Hour
Meal and Rest Period

Tevita Tuifua, on behalf of himself and all others similarly situated v. FS Palo Alto Employment Inc., and Does 1 through 50, inclusive

Published: Oct. 16, 2020 | Result Date: Aug. 21, 2020 | Filing Date: Jan. 19, 2018 |

Case number: 18CV322009 Settlement –  $200,000

Judge

Patricia M. Lucas

Court

Santa Clara County Superior Court


Attorneys

Plaintiff

Rachel E. Davey
(Workman Law Firm PC)

Robin G. Workman
(Workman Law Firm PC)


Defendant

Diana Lerma
(Stokes Wagner)

Adam L. Parry
(Stokes Wagner )


Facts

Tevita Tuifa worked as an hourly nonexempt employee for FS Palo Alto Employment, Inc. and initiated a putative class action suit against his employer alleging various wage and hour claims under California's Private Attorneys General Act.

Contentions

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that defendant had a consistent policy of failing to provide timely payment of properly calculated regular and overtime wages due at termination. The wages due to employees also were not paid within 72 hours of separation. Plaintiffs also contended that defendant failed to provide accurate wage statements and meal breaks as prescribed by the law. Moreover, plaintiffs contended defendant often made plaintiffs work off the clock and that these hours were not recorded in plaintiffs' wage statements. Plaintiffs further contended that defendant did not provide rest breaks and often cut plaintiffs' breaks short. Defendant also failed to reimburse plaintiffs for using his own tools and incurring reasonable expenses as part of their duties.

DEFENDANT'S CONTENTIONS: Defendant denied the contentions and that it committed any misconduct, statutory or regulatory violations, wrongdoings, or actionable conduct.

Result

The parties settled for $200,000.


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