This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Employment Law
Wage and Hour
Meal and Rest Period

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

Dale A. Drozd

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.


#139752

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390