Fernando Orozco, an individual, individually on behalf of himself and all others similarly situated under the Private Attorney General Act (PAGA) pursuant to Labor Code sections 2698, et seq. v. Bulldog Square Inc. dba Bulldog Towing Service; Richard McCracken, an individual, dba 76 Towing; Kevin McCracken, and Does 1-50
Published: Jan. 15, 2021 | Result Date: Dec. 9, 2020 | Filing Date: Apr. 2, 2018 |Case number: 18CECG01105 Settlement – $93,106
Judge
Court
Fresno County Superior Court
Attorneys
Plaintiff
Michael J.F. Smith
(Michael J.F. Smith APC)
John L. Migliazzo
(Michael J.F. Smith, APC)
Defendant
S. Brett Sutton
(Sutton Hague Law Corporation PC)
Facts
Fernandez Orozco worked for joint employers Bulldog Towing Service and 76 Towing. Plaintiff filed a class action lawsuit against defendants for wage and hour violations.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendants failed to compensate plaintiff separately for rest periods or non-productive time in violation of Labor Code Section 226.2. Plaintiff contended that defendant also failed to record the hours plaintiff worked in further violation of the Labor Code. Plaintiff contended that defendants failed to compensate plaintiff for minimum wage in violation of Labor Code Section 1197 for the "on call" hours plaintiff worked. During the on call hours, plaintiff was required by his employers to carry cellphones, report to accidents, carry uniforms and was required to respond to a call within 25 minutes of dispatch.
DEFENDANTS' CONTENTIONS: Defendants denied plaintiff's contentions.
Result
The court approved the class action settlement in the amount of $93,106.20. Out of the settlement, plaintiff's counsel will be awarded $22,750 for attorney's fees. In addition, named class representative will received $66,000 to settle his individual claims. Finally, an award of $3,143.80 will be awarded as court costs.
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