John Cavazos, on behalf of himself and all others similarly situated v. Salas Concrete Inc.
Published: Nov. 11, 2022 | Result Date: Sep. 12, 2022 | Filing Date: Jun. 9, 2022 |Case number: 1:19-cv-00062-DAD-EPG Settlement – $175,000
Judge
Court
USDC Eastern District of California
Attorneys
Plaintiff
Walter L. Haines
(United Employees Law Group PC)
David G. Spivak
(The Spivak Law Firm)
Caroline T. Zarneh
(The Spivak Law Firm)
Defendant
Gerardo Hernandez
( Littler Mendelson PC)
Facts
Salas Concrete, Inc. is a licensed concrete contractor that provides a wide range of concrete services, including supplying, forming, reinforcing, pouring, finishing, and resurfacing concrete. John Cavazos was employed by Salas as an hourly, non-exempt employee from 2011 until 2018. On January 14, 2019, Cavazos filed a collective and representative class action, alleging various wage and hour claims under the California Labor Code, California Business and Professions Code, and Fair Labor Standards Act. The class included all current and former California hourly, non-exempt employees employed by Salas Concrete, Inc. from January 14, 2015, through November 6, 2019.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff alleged that defendant implemented and maintained a policy requiring employees to clock-out prior to the completion of their work. Further, plaintiff contended that defendant failed to: provide timely, off-duty meal and rest breaks; promptly pay all wages due and owning at the time of the employee's separation from employment; reimburse for necessary business expenses; provide accurate itemized wage statements; keep accurate payroll records; and pay California and federal overtime and minimum wages. Finally, plaintiff argued that defendant engaged in unlawful, unfair, and fraudulent business practices by maintaining these harmful policies.
DEFENDANT'S CONTENTIONS: Defendant denied all contentions.
Result
$175,000 settlement with Salas Concrete depositing 1/7 of the total settlement every 180 days.
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