Angela Flores, individually and on behalf of other similarly situated current and former employees v. Dart Container Corporation, Dart Container Corporation of California, and Does 1-100, inclusive
Published: Feb. 19, 2021 | Result Date: Jan. 12, 2021 | Filing Date: Jan. 11, 2019 |Case number: 2:19-cv-00083-WBS-JDP Settlement – $411,000
Judge
Court
USDC Eastern District of California
Attorneys
Plaintiff
William J. Gorham III
(Mayall Hurley PC)
Nicholas J. Scardigli
(Mayall Hurley PC)
Robert J. Wasserman
(Mayall Hurley PC)
Jenny D. Baysinger
(Mayall Hurley PC)
Defendant
Marjorie C. Soto
(McDermott, Will & Emery LLP)
Yesenia M. Gallegos
(McDermott, Will & Emery LLP)
Facts
Plaintiff Angela Flores filed a class action lawsuit against Defendants Dart Container Corporation and Dart Container Corporation of California and alleged wage and hour violations.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended she worked for defendants as an inspector/packer, which started in 2007. Plaintiff contended her primary duty encompassed quality control and she ensured that the packed products were placed on the production line. Plaintiff contended she was paid hourly and was thus not exempt from minimum wage or overtime pay laws and regulations. Plaintiff contended defendants failed to pay overtime wages in violation of California Labor Code Section 226, California Business and Professions Code Section 17200, and PAGA. Plaintiff also contended defendants failed to provide her and other class members with wage statements that correctly identified the total hours worked. Plaintiff additionally contended defendants failed to compensate her and other class members for converted sick leave at the employees' regular amount of compensation.
DEFENDANTS' CONTENTIONS: Defendants denied Plaintiff's contentions and moved to dismiss the complaint.
Result
Defendants agreed to pay up to $411,000.
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