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
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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