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Employment Law
Wage and Hour
Meal and Rest Periods

Cecil K. Reyes, on behalf of himself and all others similarly situated v. Imperial Sprinkler Supply Inc., Darlene Hunn

Published: Mar. 3, 2023 | Result Date: Nov. 8, 2022 | Filing Date: Jan. 4, 2021 |

Case number: 30-2020-01167748-CU-OE-CXC Settlement –  $1,203,595

Judge

Peter J. Wilson

Court

Orange County Superior Court


Attorneys

Plaintiff

David D. Bibiyan
(Bibiyan Law Group PC)

Diego F. Aviles
(Bibiyan Law Group PC)


Defendant

Erica M. Sorosky
(Palmieri, Tyler, Weiner, Wilhelm & Walndron LLP)

Erin K. Oyama
(Palmieri, Tyler, Weiner, Wilhelm & Walndron LLP)

Steven M. Kroll
(Bent, Caryl & Kroll LLP)


Facts

Cecil K. Reyes was employed by Darlene Hunn and Imperial Sprinkler Supply, Inc. as a non-exempt employee in California with duties that included, but were not limited to driving, lifting pallets, and making deliveries from February 2019 to February 14, 2020. On October 28, 2020, Reyes brought a putative wage-and-hour class action complaint against Imperial Sprinkler Supply, Inc., alleging various Labor Code violations. The class included all current and former non-exempt, hourly-paid employees who worked for Imperial Sprinkler Supply, Inc. and Darlene Hunn at any time between October 28, 2016, and April 21, 2022, in California. On April 23, 2021, the parties attended mediation with Nikki Tolt, Esquire, an experienced mediator in complex labor and employment matters. On December 20, 2021, the parties participated in a full-day mediation before Marc Feder, Esq., a labor mediator.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff alleged that defendants failed to: pay overtime and minimum wages, provide compliant meal and rest periods or compensation in lieu thereof, issue compliant and accurate itemized wage statements, timely pay all wages due and owing at the time of termination or resignation, and reimburse necessary work expenses for its California employees. Plaintiff contended that as a result of these violations, defendants engaged in unfair business practices in violation of the California Business & Professions Code.

DEFENDANTS' CONTENTIONS: Defendants denied all contentions.

Result

Defendants agreed to pay $1,203,594.64 to settle the case.


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