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Employment Law
Wage and Hour
Meal and Rest Period

Javier Espinoza v. Wastequip Manufacturing Company LLC, and Does 1 to 50, inclusive

Published: Feb. 19, 2021 | Result Date: Oct. 8, 2020 | Filing Date: Sep. 19, 2019 |

Case number: 1:20-cv-00211-JLT Settlement –  $25,000

Judge

Jennifer L. Thurston

Court

USDC Eastern District of California


Attorneys

Plaintiff

Ben Rothman
(Law Office of Ben Rothman)


Defendant

Rafael G. Nendel-Flores
(Clark Hill LLP)

Guillermo M. Tello
(Clark Hill LLP)


Facts

Defendant Wastequip Manufacturing Company, LLC is a company that manufactures steel and plastic products. Plaintiff Javier Espinoza was hired by defendant as a full-time forklift operator in May 2017. Plaintiff filed a wage and hour lawsuit against defendant.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant failed to properly compensate plaintiff for overtime in violation of Labor Code Sections 510(a) and 1194(a). Plaintiff contended that defendant failed to properly compensate defendant for meal breaks and rest breaks in violation of Labor Code Section 226.7. In addition, plaintiff contended that defendant failed to provide plaintiff accurate itemized wage statements in violation of Labor Code Section 226(a). Lastly, plaintiff contended that defendant failed to properly produce plaintiff's personal and personnel records in violation of Labor Code Sections 226 and 1198.5.

DEFENDANT'S CONTENTIONS: Defendant denied plaintiff's contentions.

Result

Defendant agreed to pay plaintiff $25,000 to settle the claim.


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