Facts

Brian Peters worked for RFI Enterprises, Inc. as a non-exempt employee at its location in San Jose, CA. Peters brought a lawsuit under the Private Attorneys General Act on behalf of employees of RFI alleging RFI failed to timely pay wages, underpaid overtime, and provided inaccurate wage statements.

PLAINTIFFS' CONTENTIONS: Plaintiffs contended defendant failed to pay all wages in a timely manner when the wages were paid more than seven days after the close of the payroll period. Plaintiff contended non-exempt, non-union employees worked overtime and earned nondiscretionary remuneration in the same pay period, but defendant failed to include those nondiscretionary wages in calculating the rate of pay for overtime purposes. Plaintiffs contended their wages were inaccurately displayed on their wage statements.

DEFENDANT'S CONTENTIONS: Defendant denied all of the conditions.

Result

The case settled for $160,000 including $53,333.33 in attorney fees, $8,851.89 in litigation costs, and $1,850 in administrative costs that will be deducted from the gross settlement, along with a service award of $10,000 to the named plaintiff.