Facts

A is for Apple, Inc. is a company that provides treatment and education to Bay Area children with autism spectrum disorders. Melissa Viveros was employed as a behavioral technician with them from January 11, 2016, until March 9, 2018. As part of her job, Viveros would travel to clients' homes to provide treatment and education sessions on an appointment basis. Viveros brought a putative class action lawsuit on behalf of herself and all non-exempt A is for Apple employees who worked from August 14, 2017, until September 21, 2021, alleging violations of various Labor Codes and Unfair Competition Laws. In April 2021, the parties participated in mediation with Louis Marlin, a wage and hour class action mediator, and reached a settlement.

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that defendant compensated them at a rate lower than the minimum wage through a rounding system that shaved off time from their workdays and understated plaintiffs' actual compensable hours by only counting the scheduled time for each appointment rather than the actual time plaintiffs spent. Plaintiffs also asserted that defendants failed to compensate them for overtime hours; incorporate all nondiscretionary pay; provide the mandatory thirty minute duty-free meal break; fully reimburse them for all reasonable and necessary business expenses, including cell phone expenses; provide a proper itemized wage statement; and authorize them to take a ten-minute rest break every four hours.

DEFENDANTS' CONTENTIONS: Defendant denied the allegations of the class action entirely, including any liability or wrongdoing. Defendant contended that it complied with the applicable California laws at all times and would have strong defenses to the class certification and on the merits. Defendant further argued that it adequately compensated all plaintiffs and denied that it had any actual or constructive knowledge of any "off-the-clock" work, and that plaintiff would be unable to demonstrate that defendant had a uniform policy of not paying the class members since its policies prohibit working "off-the-clock." Finally, defendant maintained that this matter is inappropriate for a class action lawsuit.

Result

Settlement of $525,000 for plaintiff and all individuals employed by defendant as non-exempt employees from August 14, 2017 until September 21, 2021.