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Employment Law
Wage and Hour
Meal and Rest Periods

Cynthia Dela Vega v. Valerio's Tropical Bakeshop I, Inc., et al.

Published: Apr. 21, 2023 | Result Date: Nov. 9, 2022 | Filing Date: Jul. 17, 2020 |

Case number: 20STCV04354 Settlement –  $1,100,000

Judge

Carolyn B. Kuhl

Court

Los Angeles County Superior Court


Attorneys

Plaintiff

Kane Moon
(Moon Law Group PC)

Lilit Ter-Astvatsatryan
(Moon Law Group PC)


Defendant

Ann K. Smith
(Atkinson, Andelson, Loya, Ruud & Romo)

Michele L. Collender
(Atkinson, Andelson, Loya, Ruud & Romo)


Facts

On July 17, 2020, Cynthia Dela Vega, on behalf of herself and other members of the general public similarly situated and other aggrieved employees, brought a class action lawsuit against Valerio's Tropical Bakeshop I, Inc., Valerio's Tropical Bakeshop II, Inc., Valerio's Tropical Bakeshop II, Inc., Valerio's Tropical Bakeshop V, Inc., Valerio's Tropical Bakeshop VI, Inc., Valerio's Tropical Bakeshop VII, Inc., Valerio's Tropical Bakeshop X, Inc., Valerio's Tropical Bakeshop XI, Inc., and Valerio's Tropical Bakeshop XII, Inc. The class included any and all persons who have been employed by defendants as non-exempt employees in California at any time from July 17, 2016, to April 22, 2022.

Contentions

PLAINTIFFS' CONTENTIONS: Plaintiff alleged that defendants failed to: pay all wages, including minimum wages, regular wages, overtime, and double time; properly calculate overtime and double time wages; provide meal breaks each day based on the hours worked by each employee, including meal breaks that were short, late, interrupted, or missed although; factor non-discretionary bonuses into the regular rates of pay for overtime compensation purposes; timely pay wages during employment; timely pay wages upon discharge; and authorize and permit legally compliant rest breaks for its California employees during the relevant time period. Further, plaintiff contended that defendants conducted unfair business practices as a result of these violations.

DEFENDANTS' CONTENTIONS: Defendants denied all contentions.

Result

Defendants agreed to pay $1,100,000 to fully settle all claims.


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