Felix Aguilar, Jose Martinez and Jose Cazares, individually, and on behalf of all others similarly situated v. All Seaons Roofing & Waterproofing Inc., Vladislav N. Gorshteyn, and Does 1 through 50, inclusive
Published: Oct. 21, 2022 | Result Date: Apr. 14, 2022 | Filing Date: Mar. 2, 2020 |Case number: 20CV364524 Settlement – $995,000
Judge
Court
Santa Clara County Superior Court
Attorneys
Plaintiff
Maria Cristina Molteni
(Molteni Employment Law)
Defendant
Jonathan Fraser Light
(LightGabler)
Jamie N. Stein
(LightGabler)
Jaclyn M. Joyce
(Light Gabler)
Facts
Felix Aguilar, Jose Martinez, and Jose Cazares are all individuals who reside in California, and they were all employed as non-exempt, skilled roofers by All Seasons Roofing & Waterproofing between 2009 and January 2020. All Seasons Roofing & Waterproofing, Inc. is a California corporation with its principal place of business in San Jose, California, that is engaged in business as a general building and roofing contractor. On March 2, 2020, Aguilar, Martinez, and Cazares filed a lawsuit against All Seasons Roofing and its owner, Vladislav N. Gorshteyn, on behalf of themselves and on behalf of all others similarly situated.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs contended that the defendants failed to pay the proper minimum prevailing wage rate for hours worked on public works jobs; failed to pay employees for all hours worked as required by law; failed to pay overtime and double time as required; failed to provide meal and rest breaks as required by law; failed to pay earned wages upon discharge; failed to provide accurate wage statements; and engaged in unlawful business practices and unfair competitive practices. Specifically, the plaintiffs contended that the defendants failed to pay them for compensable time spent waiting and traveling; would not pay overtime even though employees regularly worked more than eight hours per day, instead "banking" that time to be compensated later; and that the defendants combined both rest periods with the meal break period into one 50-minute break.
DEFENDANTS' CONTENTIONS: Defendants denied any wrongdoing and all liability and all of the plaintiffs' material allegations.
Result
The parties reached an agreement wherein the defendants admitted no liability but agreed to pay $995,000 to settle class members' claims.
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