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Employment Law
Unlawful Pay Practices
Meal and Rest Periods

Angel Martinez Guzman, an individual and on behalf of all others similarly situated v. Freshco Painters Inc., and Does 1 through 100, inclusive

Published: May 12, 2023 | Result Date: Dec. 15, 2022 | Filing Date: Feb. 5, 2021 |

Case number: 20STCV04683 Settlement –  $175,000

Judge

Lawrence P. Riff

Court

Los Angeles County Superior Court


Attorneys

Plaintiff

David D. Bibiyan
(Bibiyan Law Group PC)

Jeffrey D. Klein
(Bibiyan Law Group PC)

Vedang J. Patel
(Bibiyan Law Group PC)


Defendant

Laurie M. Cortez
(Emilio Law Group APC)


Facts

Angel Martinez Guzman, individually and on behalf of the settlement class, brought putative wage-and-hour class action against Freshco Painters, Inc., alleging various Labor Code violations. The class included all persons currently and formerly employed by defendant as non-exempt , hourly-paid employees in California from February 5, 2017, through November 30, 2021. On October 1, 2021, the parties participated in full-day mediation before Nikki Tolt, Esquire, an experienced labor and employment mediator.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff alleged that defendant failed to: pay overtime and minimum wages for all hours worked and recorded, provide compliant meal and rest periods and associated premium payments, issue compliant and accurate itemized wage statements, timely pay all wages due and owing at the time of termination or resignation, and indemnify work-related expenses for its California employees during the relevant time period. Further, plaintiff contended that as a result of these Labor Code violations, defendant engaged in unfair competition.

DEFENDANT'S CONTENTIONS: Defendant denied all contentions.

Result

Freshco Painters, Inc. agreed to pay a non-reversionary $175,000 settlement.


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