Kevin Ferrell, et al. v. Buckingham Property Management
Published: Aug. 5, 2022 | Result Date: Jan. 25, 2022 | Filing Date: Aug. 8, 2014 |Case number: 1:19-cv-00332-JLT-SAB Settlement – $600,000
Judge
Court
USDC Eastern District of California
Attorneys
Plaintiff
Edwin Aiwazian
(Lawyers for Justice PC)
Defendant
John T. Egley
(Call & Jensen APC)
Facts
Buckingham Property Management specializes in management of residential real estate. Kevin Ferrell was employed by Buckingham Property Management as a non-exempt maintenance technician. Cheryl Baker was employed as a non-exempt community manager. Ferrell and Baker brought a class action and pursued a Private Attorneys General Act (PAGA) representative action against Buckingham Property Management. The class consisted of all current and former California-based non-exempt individuals employed by Buckingham as "property employees" during the relevant period. "Property employees" were defined as non-exempt employees with the following job positions: area relief manager; assistant community manager; community manager; contact assistant manager; grounds keeper; janitor; maintenance technician, porter residential service coordinator; and security.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs contended that defendant violated the California Labor Code and the Fair Labor Standards Act by failing to properly pay minimum and overtime wages; failing to provide compliant meal and rest periods or pay associated premiums; failing to timely pay wages upon termination; failing to provide compliant wage statements; failing to maintain requisite payroll records; and failing to reimburse necessary business-related expenses. Plaintiffs contended that defendant's conduct constituted unfair business practices under the California Business and Professions Code and gave rise to penalties under PAGA.
DEFENDANT'S CONTENTIONS: Defendant denied all contentions, and further denied that plaintiffs were entitled to any relief.
Settlement Discussions
The parties engaged in a private mediation with Paul Grossman, a mediator experienced in handling complex wage-and-hour matters, and reached a settlement with the aid of the mediator's evaluations and proposal. The parties engaged in additional negotiations regarding settlement, and ultimately reached a settlement to address the points of concern raised by the Fresno County Superior Court.
Result
The case settled for $600,000.
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