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Employment Law
Wage and Hour

Janice Dawson, an individually and on behalf of all other similarly situated employees v. Hertz Transporting Inc., and Does 1 through 20, inclusive

Published: Jun. 25, 2021 | Result Date: Jun. 3, 2021 | Filing Date: Dec. 5, 2017 |

Case number: 2:17-cv-08766-GW-JEM Settlement –  $1,550,000

Judge

George H. Wu

Court

CD CA


Attorneys

Plaintiff

Patricio T.D. Barrera
(Barrera & Associates)

Ashley A. Davenport
(Davenport Law PC)

Vincent Calderone
(Calderone Law Firm)


Defendant

Irene Scholl-Tatevosyan
(Nixon Peabody LLP)

Dale A. Hudson
(Nixon Peabody LLP)

Robert A. Dolinko
(Baker, Curtis & Schwartz PC)

Richard E. Bromley
(Constangy, Brooks, Smith & Prophete LLP)

Matthew A. Scholl
(Constangy, Brooks, Smith & Prophete LLP)


Facts

Janice Dawson filed a class action complaint against her employer Hertz Transporting Inc. regarding labor code violations. The parties then engaged in extensive formal discovery and arms-length negotiations in mediation.
In May 2020, two days before the hearing on final approval of the class action settlement, Hertz and Hertz affiliated entities filed for bankruptcy protection due to COVID-related business losses. Dawson, by and through her attorneys, was selected by the Trustee to serve as a member of the Unsecured Creditor Committee. As Hertz is exiting Chapter 11, the settlement was finalized and judicially approved in April 2021 by the Bankruptcy Court.

Contentions

PLAINTIFF CONTENTIONS: Plaintiff contended that defendant failed to pay employee wages for all hours worked, failed to provide meal periods and rest periods, provided inaccurate wage statements, and engaged in unfair business practices.

DEFENDANT CONTENTIONS: Defendant denied all allegations.

Result

The case settled for $1,550,000.


#137300

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