Delmer Camp, individually, and on behalf of all others similarly situated; and Adriana Correa, individually, and on behalf of all others similarly situated v. Home Depot USA Inc., and Does 1-10, inclusive
Published: Mar. 19, 2021 | Result Date: Feb. 24, 2021 | Filing Date: Mar. 20, 2019 |Case number: 19CV344872 Summary Judgment – Defense
Judge
Court
Santa Clara County Superior Court
Attorneys
Plaintiff
Kane Moon
(Moon Law Group PC)
H. Scott Leviant
(Moon & Yang APC)
Defendant
Donna M. Mezias
(Akin, Gump, Strauss, Hauer & Feld LLP)
Dorothy F. Kaslow
(Akin, Gump, Strauss, Hauer & Feld LLP)
Facts
Plaintiffs Delmer Camp and Adriana Correa are, respectively, current and former non-exempt employees of defendant Home Depot U.S.A., Inc. Plaintiffs filed a class action lawsuit against defendant for wage and hour violations alleging that defendant's time rounding system was unlawful.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that, by paying non-exempt employees based on rounded time records, defendant failed to pay all minimum and overtime wages due in violation of Labor Code Sections 510, 1194, 1197 and 1198.
DEFENDANT'S CONTENTIONS: Defendant denied plaintiff's contentions. Defendant contended that plaintiff's cause of action fails because defendant's rounding practice was neutral and thus was permissible by law.
Result
The court granted summary judgment in favor of defendant.
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