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Employment Law
Wage and Hour
Meal and Rest Period

Javier Diaz and George Mendez, individually and on behalf of all others similarly situated v. BGIS Global Integrated Solutions US LLC, and Does 1 through 20, inclusive

Published: Aug. 5, 2022 | Result Date: Jun. 23, 2022 | Filing Date: Jun. 22, 2021 |

Case number: 21CV383425 Settlement –  $1,275,000

Judge

Sunil R. Kulkarni

Court

Santa Clara County Superior Court


Attorneys

Plaintiff

Jessica L. Campbell
(Aegis Law Firm PC)

Samuel A. Wong
(Aegis Law Firm PC)

Kashif Haque
(Aegis Law Firm PC)

Fawn F. Bekam
(Aegis Law Firm PC)


Defendant

Paul M. Suh
(K&L Gates LLP)

David L. Cheng
(Ford & Harrison LLP)


Facts

BGIS Global Integrated Solutions US, LLC is in the business of operating and providing a global Data Center and IT Infrastructure Management software. Javier Diaz and George Mendez were employed as non-exempt employees by BGIS in California from 2016 to 2021. Diaz and Mendez filed a putative class action and Private Attorneys General Act claims, on behalf of themselves individually and others similarly situated, against BGIS Global, alleging various California Labor Code violations. The class included all current and former non-exempt employees who are or were employed by BGIS in California from August 17, 2016, through November 12, 2021.

Contentions

PLAINTIFFS' CONTENTIONS: Plaintiffs alleged that defendant failed to pay minimum wages, failed to pay overtime wages, failed to provide meal periods, failed to permit rest breaks or provide compensation in lieu of rest breaks, failed to provide accurate itemized wage statements, failed to pay all wages due upon separation of employment, failed to reimburse necessary business expenses, and violated business and professions codes. Moreover, plaintiffs maintained that defendant knew or should have known that it was committing these violations.

DEFENDANT'S CONTENTIONS: Defendant denied all contentions.

Result

$1,275,000 non-reversionary settlement.


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