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Employment Law
Wage and Hour
Misclassification

Robert L. Burton, Willie Kennedy Jr., and Jaskaran Singh, as an individual, and on behalf of all others similarly situated v. Moga Logistics Inc,, Harwinder Singh, and Does 1 through 10, inclusive

Published: Sep. 2, 2022 | Result Date: Mar. 22, 2022 | Filing Date: Feb. 10, 2020 |

Case number: SCV-265985 Settlement –  $275,000

Judge

Gary Nadler

Court

Sonoma County Superior Court


Attorneys

Plaintiff

Sarah S. Wright
(The Wright Law Office)

Houman Chitsaz
(Nardell Chitsaz & Associates LLP)


Defendant

Shane K. Anderies
(Anderies & Gomes LLP)


Facts

Robert Burton, Jr., Willie Kennedy, Jr., and Jaskaran Singh filed a class action and pursued a Private Attorneys General Act (PAGA) action against Moga Logistics Inc. and Harwinder Singh. The class included all current and former truck drivers who worked for Moga Logistics in the State of California, during the relevant period.

Contentions

PLAINTIFFS' CONTENTIONS: Plaintiffs asserted claims for failure to pay wages at prevailing rates; breach of contract; failure to pay minimum wage; missed meal and rest periods; failure to provide accurate wage statements; failure to maintain required records; failure to pay all wages upon termination; willful misclassification; unfair business practices; and for civil penalties under the PAGA. Plaintiffs contended that they should have been considered employees rather than independent contractors, and thus were entitled to the employee protections under California law.

DEFENDANTS' CONTENTIONS: Defendants denied all contentions and asserted that they complied with all of their legal obligations.

Result

The case settled for $275,000.


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