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Employment Law
Wage and Hour
Meal and Rest Periods

Victor Perez, individually and on behalf of all others similarly situated v. The Big Company Inc. dba Capo Fireside, and Does 1 through 10, inclusive

Published: Mar. 3, 2023 | Result Date: Feb. 15, 2022 | Filing Date: Jul. 19, 2021 |

Case number: CIVDS2009691 Settlement –  $575,000

Judge

David S. Cohn

Court

San Bernardino County Superior Court


Attorneys

Plaintiff

Justin F. Marquez
(Wilshire Law Firm )

Nicol E. Hajjar
(Wilshire Law Firm PLC)

Rachel J. Vinson
(Hanson Bridgett LLP)


Defendant

Brandon L. Sylvia
(Rutan & Tucker LLP)

Kimberly A. Nayagam
(Rutan & Tucker LLP)


Facts

Victor Perez, individually and on behalf of all others similarly situated, filed a class action and representative action lawsuit against The BIG Company Inc. dba CAPO Fireside, alleging various Labor Code violations. The class included all current and former employees who worked in a non-exempt or hourly-paid position for The BIG Company, Inc. dba CAPO Fireside within California from May 29, 2016, to July 19, 2021.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff alleged that defendant failed to: pay minimum and regular wages; pay overtime; provide meal periods and pay meal period premiums; authorize and permit rest periods and pay rest period premiums; timely pay wages; and provide accurate itemized wage statements for its non-exempt or hourly-paid California employees during the relevant period. Further, plaintiff contended that as a result of these violations, defendant violated the California Business and Professions Code.

DEFENDANT'S CONTENTIONS: Defendant denied all contentions.

Result

The BIG Company Inc. agreed to pay $575,000 to resolve all claims.


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