Francisco Sanchez, individually and on behalf of all others similarly situated v. Arb Inc., and Does 1-20, inclusive
Published: Dec. 9, 2022 | Result Date: Oct. 27, 2022 | Filing Date: Feb. 22, 2016 |Case number: 30-2016-00837130-CU-OE-CXC Settlement – $3,250,000
Judge
Court
Orange County Superior Court
Attorneys
Plaintiff
Daniel J. Bass
(Makarem & Associates APLC)
Ronald W. Makarem
(Makarem & Associates APLC)
Michael H. Kim
(Michael H. Kim PC)
Defendant
James P. Carter
(Jackson Lewis PC)
Kelli M. Dreger
(Jackson Lewis PC)
Facts
ARB, Inc. is one of the largest specialty contracts in the United States and provides a comprehensive range of large-scale services for industrial plants, facilities, and underground structures, including construction, repairs, and maintenance among other services. Francisco Sanchez and Glenn Derrick Hopson worked for ARB as construction specialists, were unionized employees and their employment was governed by the collective bargaining agreement negotiated between ARB's representative in labor negotiations and the Northern California District Council of Laborers of the Laborers' International Union of Norther America. On February 22, 2016, Sanchez and Hopson filed class action on behalf of himself and all others similarly situated against ARB, Inc., alleging various wage and hour violations. On May 21, 2021, the court issued an order certifying plaintiffs' Motion for Class Certification with respect to plaintiffs' wage statement class. At that time the court certified the following class as to that Section 226 claim: "All current and former non-exempt employees employed by ARB, Inc. in California during the period of February 22, 2015 to January 18, 2018" The parties conducted a private mediation with mediator Gig Kyriacou on January 21, 2020, and a second mediation session on November 7, 2017, with Steve Serratore.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs contended that defendant failed to: paid overtime wages, pay minimum wages; furnish accurate itemized earnings statements; maintain all required records in compliance with the California Labor Code; indemnify for all necessary business expenses; pay earned wages upon termination or discharge; provide meal periods; and provide rest periods to its employees during the relevant time period.
DEFENDANT'S CONTENTIONS: Defendant denied all contentions.
Result
Defendant agreed to pay a non-reversionary $3,250,000 settlement to resolve the certified claim.
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