Facts

Kenbron Fryer brought a class action and Private Attorneys General Act (PAGA) action against Transforce, Inc. The class included all hourly or non-exempt individuals employed as drivers by Transforce in California during the relevant period.

PLAINTIFF'S CONTENTIONS: Plaintiff asserted causes of action for failure to pay all straight time wages; failure to pay all overtime wages; failure to provide meal periods; failure to authorize and permit rest periods; knowing and intentional failure to comply with itemized employee wage statement provisions; failure to pay all wages at the time of termination of employment; failure to adopt a compliant sick pay/paid time off policy; and violation of the Unfair Competition Law. Plaintiff's PAGA action sought civil penalties for failure to pay all straight time wages; failure to pay all overtime wages; failure to provide meal periods; failure to authorize and permit rest periods; failure to pay all wages at the time of termination of employment; knowing and intentional failure to comply with itemized employee wage statement provisions; failure to pay all wages owed twice per month; and failure to adopt a compliant sick pay/paid time off policy.

DEFENDANT'S CONTENTIONS: Defendant denied all contentions.

Settlement Discussions

The parties participated in a full-day mediation with wage and hour mediator, Michael Dickstein, which resulted in the settlement.

Result

Defendant agreed to pay a non-reversionary $725,000 settlement.