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Employment Law
Wage and Hour
Meal and Rest Periods

Adrian Escobedo, individually, on behalf of other members of the general public similarly situatedv. Ameripec Inc., and Does 1 through 100, inclusive

Published: Feb. 3, 2023 | Result Date: Oct. 16, 2022 | Filing Date: Nov. 18, 2020 |

Case number: 30-2020-01170846-CU-OE-CXC Settlement –  $472,500

Judge

Peter J. Wilson

Court

Orange County Superior Court


Attorneys

Plaintiff

Douglas Han
(Justice Law Corporation)

Shunt Tatavos-Gharajeh
(Justice Law Corporation)

Jason W. Rothman
(Justice Law Corporation)


Defendant

Greg S. Labate
(Sheppard, Mullin, Richter & Hampton LLP)

Tyler Z. Bernstein
(Sheppard, Mullin, Richter & Hampton LLP)


Facts

Adrian Escobedo, on behalf of himself and others similarly situated, filed a class action complaint against Ameripec, Inc. Escobedo sought unpaid wages, interest, and statutory and civil penalties, as well as attorneys' fees and costs. The class included all current and former non-exempt employees (whether hired directly or through a staffing agency or labor contractor) of Ameripec, Inc. in California any time between August 31, 2016, and March 1, 2022. Ameripec estimated that there were approximately 218 class members. On December 2, 2021, the parties participated in a private mediation with Mark Rudy, a respected mediator with experience mediating wage-and-hour class actions.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff alleged that defendant failed to: pay earned wages, pay minimum wages, pay overtime compensation, provide compliant meal and rest breaks, provide accurate wage statements, timely pay final wages during employment and at separation, maintain accurate payroll records, and reimburse for reasonable business-related expenses for its California employees.

DEFENDANT'S CONTENTIONS: Defendant denied all contentions.

Result

Defendant agreed to pay $472,500 to settle all claims.


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