Alisa Alvarez and Maria Alvarez on behalf of themselves and other aggrieved employees v. Hanford Community Hospital (dba Adventist Health Hanford), Reedley Community Hospital (dba Adventist Health Reedley) and Does 1 through 10, inclusive
Published: Dec. 18, 2020 | Result Date: Nov. 17, 2020 | Filing Date: Jan. 29, 2019 |Case number: 19CECG00366 Settlement – $140,000
Judge
Court
Fresno County Superior Court
Attorneys
Plaintiff
David R. Markham
(The Markham Law Firm)
Maggie K. Realin
(The Markham Law Firm)
Lisa R. Brevard
(The Markham Law Firm)
Walter L. Haines
(United Employees Law Group PC)
Defendant
Daniel C. Whang
(Seyfarth Shaw LLP)
Facts
Alisa Alvarez and Maria Alvarez both worked as non-exempt employees at Reedley Community Hospital (Adventist Health Reedley) and its affiliated hospitals. The Alvarez's both filed a representative action under California's Private Attorneys General Act (PAGA) and various Labor Code sections.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs contended that defendants violated various labor code sections through its unlawful payment practices. In addition to not making payments for overtime work, the wage statements sent to plaintiffs were incomplete. Defendants also failed to make timely wage payments upon termination or for expenses necessarily incurred as part of their employment.
DEFENDANTS' CONTENTIONS: Defendants denied the contentions.
Result
The court approved a $140,000 settlement between the parties. The plaintiffs did not receive incentive awards because the court determined that while they such awards have been approved in past PAGA claims, the instant action did not warrant an award to plaintiffs. Moreover, the court allocated 33 percent of the total award to attorney's fees and no more than $15,000 to costs.
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