Michael Raziano, Brian Traister, and Chris Valdez, on behalf of themselves and all others similarly situated v. Albertson's LC, and Does 1 through 50, inclusive
Published: Dec. 18, 2020 | Filing Date: Mar. 21, 2019 |Case number: 2:19-cv-04373-JAK-AS Settlement – $2,500,000
Judge
Court
CD CA
Attorneys
Plaintiff
Roger R. Carter
(The Carter Law Firm)
Michael D. Singer
(Cohelan, Khoury & Singer)
Marc H. Phelps
(The Phelps Law Group)
Defendant
Ray E. Boggess
(Payne & Fears LLP)
Jeffrey K. Brown
(Payne & Fears LLP)
Tyler B. Runge
(Payne & Fears LLP)
Facts
Plaintiffs Michael Raziano, Brian Traister and Chris Valdez are all currently employed by defendant Albertson's LLC as truck drivers. Part of plaintiffs' duties are to deliver products from distribution centers to Albertsons grocery stores. Plaintiffs filed a class action lawsuit against defendant for wage and hour violations.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs contended that defendant's call-in-scheduling policy violated California wage and hour laws. Defendant's call-in-scheduling required part-time drivers to "report" nightly and call in to determine whether plaintiffs are working for the next day. In addition, plaintiffs contended that defendant failed to reimburse and compensate plaintiffs for unpaid wages, business-expenses which include cell phone bills, and expenses incurred during layovers. Plaintiffs also contended that defendant failed to provide plaintiffs paid sick leave. Finally, plaintiffs contended that defendant's practice of using audio and visual recording of DriveCam video cameras installed in plaintiffs' trucks were a violation of plaintiffs' privacy.
DEFENDANT'S CONTENTIONS: Defendant denied plaintiffs' contentions.
Result
The parties agreed to settle the case for $2,500,000. Out of the settlement, plaintiff's counsel will be awarded $833,333 for attorney's fees, $50,000 for litigation costs and expenses, $20,000 for administration costs and $37,500 will be paid to the Labor & Workforce Development Agency (LWDA). In addition, $15,000 will be paid to each class representative.
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