Bernadette Hansen, on behalf of herself, and all others similarly situated, and as an "aggrieved employee" on behalf of other "aggrieved employees" under the Labor Code Private Attorneys General Act of 2004 v. Aaron B. Morse, M.D., Inc. dba Sleep Health MD., previously dba Central Coast Sleep Disorder Center, Aaron B. Morse, M.D., Tony Masri, M.D., and Does 1 through 50, inclusive
Published: Mar. 5, 2021 | Result Date: Feb. 8, 2021 | Filing Date: Aug. 22, 2018 |Case number: 18CV02398 Settlement – $500,000
Judge
Attorneys
Plaintiff
David G. Spivak
(The Spivak Law Firm)
Walter L. Haines
(United Employees Law Group PC)
Defendant
Dinah V. Sapia
(Sapia Law Firm)
Thomas N. Griffin
(The Grunsky Law Firm PC)
Facts
Plaintiff Bernadette Hansen worked as a sleep technician trainee for defendant Aaron B. Morse, M.D. Inc., doing business as Sleep Health, M.D. from May 25, 2015 up to her termination on October 10, 2018. Plaintiff filed a class action lawsuit against defendant for wage and hour violations.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant failed to provide plaintiff and other members of the class action all meal breaks and rest breaks as required by California law. Plaintiff further contended that defendant prohibited plaintiff from taking her meal breaks and rest breaks. Plaintiff contended that defendant required plaintiff to work off the clock because working overtime was not allowed. Plaintiff contended that defendant failed to properly compensate plaintiff for the off the clock hours plaintiff worked.
DEFENDANT'S CONTENTIONS: Defendant denied plaintiff's contentions.
Result
Defendant agreed to pay the gross settlement amount of $500,000. In addition, plaintiff's counsel will be awarded $166,666 for attorney's fees and $20,000 for class counsel litigation expenses. The amount of $3,750 will be paid to the Labor and Workforce Development Agency for the PAGA claim.
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