Edgar Mata and Elvis Olivares v. Day-Lee Foods Inc.
Published: May 5, 2023 | Result Date: Dec. 22, 2022 | Filing Date: Jun. 4, 2020 |Case number: 20STCV21664 Settlement – $1,900,000
Judge
Court
Los Angeles County Superior Court
Attorneys
Plaintiff
Douglas Han
(Justice Law Corporation)
Shunt Tatavos-Gharajeh
(Justice Law Corporation)
Defendant
Daniel H. Qualls
(O'Hagan Meyer LLP)
William G. Anderson
(Lewis, Brisbois, Bisgaard & Smith LLP)
Facts
On June 4, 2020, Masako Fujiya filed a wage-and-hour class action against Day-Lee Foods, Inc., alleging various Labor Code violations and a violation of the California Business & Professions Code. On December 6, 2021, Fujiya withdrew as the plaintiff and added Edgar Mata and Elvis Olivares as the new plaintiffs and class representatives. The class included any and all persons who have been employed by Day-Lee Foods, Inc. as non-exempt employees in California at any time from June 4, 2016, to September 15, 2021. The parties participated in a mediation session with mediator Steven J. Rottman on August 26, 2021.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs alleged that defendant failed to: reimburse for necessary business expenses; pay all wages, including minimum wages, regular wages, overtime and double time; properly calculate overtime and double time wages, partly due to off-the-clockwork and an improper rounding policy; provide meal breaks each day based on the hours worked, including meal breaks that were short, late, interrupted, and/or missed altogether; authorize and permit compliant rest breaks each day based on the hours worked, including rest breaks that were short, late, interrupted and/or missed altogether; factor non-discretionary bonuses into employees' regular rates of pay for overtime compensation; timely pay wages during employment for each pay period; and timely pay wages upon discharging for its California employees during the relevant time period. Further, plaintiffs contended that these violations resulted in the class receiving inaccurate wage statements, the underpayment of wages to employees upon termination or resignation, unfair business practices, and that defendants were liable for penalties under the Private Attorneys General Act.
DEFENDANT'S CONTENTIONS: Defendant denied all contentions.
Result
Day-Lee Foods, Inc. agreed to pay $1.9 million to settle all claims.
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