Facts

Kenneth Toste, Cesilia Mixco, and Joia Williams were employed by PATH, doing business as People Assisting the Homeless, as a non-exempt, hourly employees. On November 20, 2019, Toste filed a notice under Labor Code Section 2699.3 with the Labor and Workforce Development Agency that he intended to file a Private Attorneys General Act lawsuit against PATH. He also served the notice on PATH. Mixco and Williams filed a separate notice with LWDA on January 23, 2020, declaring their intent to seek civil penalties on behalf of California for aggrieved employees.

On December 23, 2019, Toste filed suit against PATH on behalf of himself and on behalf of all others similarly situated. Mixco and Williams filed a putative class action on January 23, 2020, and the actions were subsequently consolidated.

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that the defendants failed to pay minimum wage and overtime wages as required by law; failed to pay employees for all hours worked; failed to provide adequate meal periods and rest breaks and associated premium payments; failed to issue accurate, itemized wage statements; failed to timely pay all wages due at the time of separation from employment; and engaged in unfair competitive practices.

DEFENDANTS' CONTENTIONS: Defendants denied any liability or wrongdoing and all of the plaintiffs' material allegations.

Result

The parties reached a settlement agreement wherein the defendants admitted no wrongdoing or liability but agreed to pay $625,000 to settle class members' and PAGA claims.