Facts

Shawn Smith sued Homeguard, Inc. pursuant to the Private Attorneys General Act alleging various Labor Code violations. As representative, Smith represented similar aggrieved non-exempt employees who worked for Homeguard.

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that defendants did not provide proper meal and rest periods as required by the Labor Code. When plaintiffs were afforded breaks, defendant still imposed duties upon them and did not relinquish the time completely. Plaintiffs also did not receive proper wage statements for overtime work done. In addition, their pay was not calculated properly when they worked overtime.

DEFENDANT'S CONTENTIONS: Defendant denied the contentions but agreed to settle with plaintiffs in lieu of litigation.

Result

The court approved a $225,000 settlement agreement between the parties. The settlement provided $30,000 in costs and $73,500 in attorney fees. The remaining settlement amount was distributed evenly to the group with $500 to plaintiff as a service award and $85,125 allocated to PAGA penalties.