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Employment Law
Wage and Hour
Meal and Rest Period

Mireya Macias, individually and on behalf of other individuals similarly situated v. Sunrise Growers Inc., and Does 1-10

Published: Oct. 7, 2022 | Result Date: Oct. 26, 2021 | Filing Date: Jul. 31, 2019 |

Case number: 56-2019-00531335-CU-OE-VTA Settlement –  $500,000

Judge

Jeffrey G. Bennett

Court

Ventura County Superior Court


Attorneys

Plaintiff

Kiley L. Grombacher
(Bradley Grombacher LLP)

Marcus J. Bradley
(Bradley Grombacher LLP)

Lirit A. King
(Bradley Grombacher LLP)


Defendant

Janet I. Levine
(Kendall, Brill & Kelly LLP)

Phyllis Kupferstein
(Kupferstein Manuel LLP,)

Robert E. Dugdale
(Kendall, Brill & Kelly LLP)

Katelyn A. Kuwata
(Kendall, Brill & Kelly LLP)

Sarah E. Moses
(Manatt, Phelps & Phillips, LLP)

Eric M. George
(Ellis, George, Cipollone, O'Brien & Annaguey LLP)

Noah S. Helpern
(Browne George Ross O'Brien Annaguey & Ellis LLP)

Katherine B. Farkas
(Winston & Strawn LLP)


Facts

Sunrise Growers operated a commercial frozen fruit processing facility in Santa Maria and two locations in Oxnard. In 2019, Mireya Macias filed suit against Sunrise Growers, for wage and hour and Private Attorneys General Act claims.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that during the period of May 15, 2018 to the time of preliminary approval of the suit, she and other non-exempt employees were not paid for all their work, were not provided with compliant meal and rest breaks, were not paid wages timely, were not provided compliant meal and rest breaks, were not provided compliant wage statements and were not provided wages in the form of a negotiable instrument, pay cards. Moreover, defendants violated the Unfair Business Practices Act statute and plaintiffs sought civil penalties under PAGA.

DEFENDANT’S CONTENTIONS: Defendant denied all contentions, contending it complied with California and federal wage and hour laws, and dealt legally and fairly with plaintiff and class members.

Settlement Discussions

On June 1, 2021, the parties attended mediation with Eve Wagner, Esq. and reached a settlement.

Result

The case settled for $500,000.

Other Information

Previously, Sunrise was doing business as Frozsun Inc. In 2013, there had been a prior class settlement between Frozsun and its hourly non-exempt production employees with a settlement class release period from April 19, 2009 to May 14, 2018.


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