Ronald Balanag and Javier Graciano, on behalf of themselves and all others similarly situated, and on behalf of the general public v. Laptalo Enterprises Inc. dba JL Precision, and Does 1 through 50, inclusive
Published: Apr. 23, 2021 | Result Date: Oct. 1, 2020 | Filing Date: Mar. 14, 2016 |Case number: 16CV292680 Settlement – $600,000
Judge
Court
Santa Clara County Superior Court
Attorneys
Plaintiff
Daniel A. Menendez
(Law Office of Daniel A. Menendez)
Daniel Velton
(Velton Zegelman PC)
Defendant
Christopher K. Karic
(Sellar, Hazard & Lucia)
Facts
Ronald Balanag and Javier Graciano worked as an hourly nonexempt employee for Laptalo Enterprises, Inc. and initiated a putative class action suit against his employer alleging various wage and hour claims under California's Private Attorneys General Act (PAGA).
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. Plaintiffs also contended that defendant failed to provide accurate wage statements or meal breaks as prescribed by the law and often made plaintiffs work off the clock. These excess hours were unrecorded in plaintiffs' wage statements as they should have been. Plaintiffs further contended that defendant did not provide rest breaks and often cut plaintiffs' breaks short. Defendant failed to comply with California Industrial Commission Wage Order and Title 8 of the California Code of Regulations.
DEFENDANT'S CONTENTIONS: Defendant denied the contentions.
Result
The court approved a $600,000 settlement award including $210,000 in attorney fees and $17,500 in administrative costs. The court also allocated $12,000 to PAGA penalties, 75 percent of which was payable to the Labor and Workforce Development Agency. Each named plaintiff received $10,000.
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