Facts

Plaintiffs Jose Damian Castillo and Ezequiel Herrera each filed a case against defendant for violation of various sections of the California Labor Code and California Business & Professions Code. The plaintiffs then consolidated their cases and brought a class action against defendant for violation of California employment laws.

PLAINTIFFS' CONTENTIONS: Plaintiffs Jose Damian Castillo and Ezequiel Herrera, on behalf of themselves and all others similarly situated, contended that Defendant failed to pay minimum and straight time wages, failed to pay overtime wages, failed to provide meal periods, failed to authorize and permit rest periods, failed to provide one day of rest in seven, failed to timely pay wages during employment, failed to indemnify necessary business expenses, failed to timely pay all wages at termination, failed to furnish accurate itemized wage statements, violated California's Unfair Competition Law, California Business and Professions Code Section 17200 et seq, and violated provisions of the Labor Code giving rise to civil penalties under the Labor code Private Attorneys General Act of 2004. Plaintiff sought unpaid wages, actual, consequential and incidental losses and damages, special damages, liquidated damages, injunctive relief, declaratory relief, statutory penalties, civil penalties under PAGA, restitution, interest, attorneys' fees, and costs.

DEFENDANT'S CONTENTIONS: Defendant denied all liability or wrongdoing of any kind whatsoever associated with the claims alleged in the complaint, and defendant further denied that, for any purpose other than settling this lawsuit, the action was appropriate for class or representative treatment. Defendant contended, among other things, that Plaintiffs and the Class Members had been paid proper wages, had been provided meal periods, had been provided rest periods, had been paid timely wages upon separation of employment, had been provided appropriate expense reimbursements, and had been provided with accurate itemized wage statements. Defendant also contended that they had complied at all times with the California Labor Code and the applicable Wage Orders of the Industrial Welfare Commission. Furthermore, Defendant contended that they had complied at all times with the California Business and Professions Code.

Settlement Discussions

On August 27, 2021, the parties mediated with Steven Rottman a mediator with substantial experience mediating wage and hour class action matters. The Action did not settle at that mediation. The parties continued their settlement negotiation with Mr. Rottman afterwards and agreed to the major terms of a settlement on September 7, 2021.

Result

The parties settled for $750,000.

Other Information

Consolidated with: Ezequiel Herrera, individually, and on behalf of other members of the general public similarly situated v. Gibson Overseas Inc., and Does 1 through 10, inclusive, Case Number CIVSB2024673, Filed Nov. 2, 2020.