Thomas Hefner, as an individual on behalf of himself and all similarly situated v. Solaray LLC, and Does 1 through 50, inclusive
Published: Mar. 17, 2023 | Result Date: Jun. 17, 2022 | Filing Date: Jul. 27, 2021 |Case number: 21CV384796 Settlement – $750,000
Judge
Court
Santa Clara County Superior Court
Attorneys
Plaintiff
Graham S.P. Hollis
(GrahamHollis APC)
Nora Jo Steinhagen
(GrahamHollis APC)
Defendant
Julie A. Vogelzang
(Schor, Vogelzang & Chung LLP)
Lisa H. Chung
(Schor, Vogelzang & Chung LLP)
Carl J. Lehman
(Schor, Vogelzang & Chung LLP)
Facts
Solaray, LLC is a California limited liability company and wholesale retailer of eyewear, accessories, gifts, apparel, and other merchandise. Solaray Sunglasses, LLC is a Delaware limited liability company that does business in California, also selling eyewear, apparel, and other merchandise. Thomas Hefner was a resident of Kern County, California, who was employed by Solaray from June 2020 through January 2021 as a Route Service Representative for the Bakersfield territory, which was an hourly, non-exempt position. Route Service Representatives were responsible for, among other duties, loading and unloading a company vehicle with merchandise, driving a company vehicle to deliver merchandise to customers, communicating with customers, and keeping supervises informed about deliveries. On July 27, 2021, Hefner filed suit against Solaray and Solaray Sunglasses on behalf of himself and all those similarly situated.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that he regularly worked more than 40 hours per week and eight hours in a day; that the defendants failed to provide meal periods as required by law; failed to pay premium wages for missed meal periods; failed to timely pay minimum and regular wages; failed to timely pay all wages due upon separation from employment; failed to furnish accurate itemized wage statements; failed to maintain accurate records; and failed to provide employment and personnel records upon requests. Plaintiff also alleged the defendants were liable for violating the Unfair Competition Law and owed civil penalties under the Private Attorneys General Act.
DEFENDANTS' CONTENTIONS: Defendants denied any wrongdoing or liability and all the plaintiff's material allegations.
Result
The parties reached an agreement wherein the defendants admitted no liability or wrongdoing but agreed to pay $750,000 to settle class members' and PAGA claims.
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