Jasfer Nepomuceno and Danielle Winkle, individually, and on behalf of aggrieved employees pursuant to the Private Attorneys General Act v. Portfolio Recovery Associates LLC, and Does 1 through 100, inclusive
Published: Feb. 10, 2023 | Result Date: Aug. 26, 2022 | Filing Date: Feb. 16, 2021 |Case number: 37- 2021-00006651-CU-OE-CTL Settlement – $850,000
Judge
Court
San Diego County Superior Court
Attorneys
Plaintiff
Douglas Han
(Justice Law Corporation)
Shunt Tatavos-Gharajeh
(Justice Law Corporation)
Sang D. Song
(Justice Law Corporation)
Lizette A. Rodriguez
(Justice Law Corporation)
Defendant
Sabrina A. Beldner
(McGuire Woods LLP)
Facts
On February 16, 2021, Jasfer Nepomuceno and Danielle Winkle filed a class action complaint and a separate Private Attorneys General Act representative complaint against Portfolio Recovery Associates, LLC., alleging various Labor Code violations. The class included all non-exempt hourly-paid employees who worked for Portfolio Recovery Associates, LLC in California from February 16, 2017, through August 26, 2022 and excluding any individuals who filed their own separate action as a named plaintiff alleging the same or similar claims being released. On March 9, 2022, the parties participated in private mediation with David A. Rotman, a well-respected wage and hour mediator.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs alleged that defendant failed to: pay or properly calculate all wages owed including minimum wages, straight time wages, overtime wages, or any other wages; provide proper meal periods or premium pay in lieu thereof; provide complete, accurate or properly formatted wage statements; provide proper rest periods or premium pay in lieu thereof; timely pay wages; maintain payroll records; and reimburse for all necessary business-related costs and expenses for its California employees. Further, plaintiffs contended that as a result of the violations, defendant engaged in unfair business practices in violation of the California Business & Professions Code.
DEFENDANT'S CONTENTIONS: Defendant denied all contentions.
Result
Defendant agreed to pay $850,000 to settle all claims.
Other Information
Consolidated with: 37-2021-00006737-CU-OE-CTL
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