Robert Ulucan and Scott Hayes on behalf of themselves and others similarly situated v. Bohemian Club
Published: Dec. 2, 2022 | Result Date: Oct. 20, 2021 |Case number: SCV 268056 Settlement – $3,535,000
Judge
Court
Sonoma County Superior Court
Attorneys
Plaintiff
Daniel M. Hutchinson
(Lieff, Cabraser, Heiman & Bernstein LLP)
Brianne A. Ullman
(Law Office of Bree A. Ullman)
Defendant
Fred W. Alvarez
(Coblentz, Patch, Duffy & Bass LLP)
Facts
Robert Ulucan and Scott Hayes, on behalf of themselves and others similarly situated, filed a lawsuit against Bohemian Club, alleging various violations of the California Labor Code, Industrial Welfare Commission Wage Orders, California Business and Professions Code, and California Private Attorneys General Act. The class included all nonexempt employees of Bohemian Club who worked at the Jinks, Encampment, and one-day events held at Bohemian Grove between July 7, 2015, and September 15, 2019. Top-of-the-Hill employees included servers, cooks, bartenders, stewards, and other employees who worked in or near the "Dining Circle" and were required to ride an employee shuttle van to get to where the employees clocked in or were otherwise required to report to work. Meanwhile, Bottom-of-the-Hill employees included valet parkers, registration staff, security guards, shuttle drivers, maintenance workers, and other employees who were not required to ride an employee shuttle van to where they clocked-in or otherwise reported for work. The parties participated in a full-day mediation with the experienced wage and hour mediator, Mark Rudy, Esq.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff alleged that defendant failed to: pay wages for time spent taking employee shuttle vans, going through security checks, and waiting to clock in; pay overtime wages; pay wages at time of discharge; maintain accurate wage statement; pay bi-monthly wages; and provide compliant meal and rest breaks. Further, plaintiff contended that as a result of these violations defendant engaged in unfair competition.
DEFENDANT'S CONTENTIONS: Defendant denied all contentions.
Result
The Bohemian Club agreed to pay $3,535,000 to settle all claims. Eighty-five percent of the net settlement funds were allocated to the Top-of-the-Hill employees, while fifteen percent of the net settlement funds were allocated to the Bottom-of-the-Hill employees.
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