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Employment Law
Wage and Hour
Failure to Pay Overtime Compensation

Jasmine T. Thompson, an individual, on behalf of the State of California, as a private attorney general, and on behalf of all others similarly situated v. Draeger's Super Markets, and Does 1-50, inclusive

Published: Oct. 14, 2022 | Result Date: May 3, 2021 | Filing Date: Feb. 4, 2020 |

Case number: 20-CIV-03222 Settlement –  $400,000

Judge

Marie S. Weiner

Court

San Mateo County Superior Court


Attorneys

Plaintiff

Martin E. Sullivan
(Melmed Law Group PC)

Jonathan Melmed
(Melmed Law Group PC)


Defendant

Paul V. Simpson
(Simpson, Garrity, Innes & Jacuzzi PC)


Facts

Jasmine Thompson worked as an hourly, non-exempt, non-union employee for Draeger's Super Markets. On February 4, 2020, she filed a complaint against Draeger's in San Francisco County Superior which was later transferred to San Mateo Superior on August 3, 2020. She did so on behalf of herself and all other hourly, non-exempt employees who were employed from February 18, 2015 through May 31, 2020.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff alleged that defendant failed to pay overtime compensation, failed to provide suitable seating, failed to provide complete and accurate wage statements, failed to pay all wages due to its former employees upon termination, and practiced unfair business practices. Based on those actions, PAGA and other penalties were also merited.

DEFENDANT'S CONTENTIONS: Defendant contended, among others, that it fully complied with wage and hour laws, provided overtime compensation at the appropriate rate, and provided accurate itemized wage statements. Defendant also maintained that employees were dealt with legally and fairly.

Result

The case settled for $400,000.


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