This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Employment Law
Wage and Hour
Meal and Rest Period

Francisco Flores, Briant Zamor, Alexander Williams, on behalf of themselves and all others similarly situated v. Allie's Party Equipment Rental Inc., Barrett Business Services Inc., Michael B. Nicholson, and Does 1 through 500, inclusive

Published: Aug. 19, 2022 | Result Date: Jul. 1, 2022 | Filing Date: Jan. 31, 2019 |

Case number: 37-2017-00003817-CU-OE-NC Settlement –  $340,000

Judge

Robert P. Dahlquist

Court

San Diego County Superior Court


Attorneys

Plaintiff

Patrick N. Keegan
(Keegan & Baker LLP)

Patrick J.S. Nellies
(Advantage Law Group, APC)

Robert A. Waller Jr.
(Law Office of Robert A. Waller, Jr.)


Defendant

Cory J. Briggs
(Briggs Law Corp.)

David I. Dalby
( Hinshaw & Culbertson LLP)

Kerry T. Curry
(Curry Advisors APLC)


Facts

Former employees Francisco Flores, Briant Zamora, and Alexander Williams brought a class action against Allie's Party Equipment Rental, Inc., Barrett Business Services, Inc., and Michael B. Nicholson, the president and chief executive officer of Allie's Party Equipment Rental.

The class action was brought on behalf of individuals employed by Allie's Party Equipment Rental in a non-exempt capacity, during the relevant period.

Contentions

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that defendants failed to authorize, permit, and/or provide all required meal and rest periods (or pay premium wages in lieu thereof), by unlawfully auto-deducting 30 minutes of pay for shifts actually worked lasting 6 hours or longer for meal periods that were not authorized, permitted, and/or provided, by unlawfully deducting pay for time actually worked, by failing to timely pay final wages upon termination or resignation, and by failing to provide properly itemized wage statements, in violation of the California Labor Code, the relevant IWC Wage Order, and the California Business and Professions Code, and as a result were not properly paid for their work.

DEFENDANTS' CONTENTIONS: Defendants denied all contentions.

Settlement Discussions

The parties participated in all-day settlement negotiations with the assistance of attorney Harvey C. Berger as neutral mediator, which ultimately resulted in a settlement agreement.

Result

The case settled. Defendants agreed to pay at least $340,000 and not more than $400,000.


#139277

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390