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Employment Law
Wage and Hour
Meal and Rest Periods

Joaquin Sotelo and Eliseo Zepeda, as individuals and on behalf of all others similarly situated v. George L. Throop Co., Throop Lightweight Fill Inc., and Does 1 through 100

Published: Jun. 9, 2023 | Result Date: Sep. 12, 2022 | Filing Date: Apr. 2, 2019 |

Case number: 19STCV10997 Settlement –  $727,990

Judge

Maren E. Nelson

Court

Los Angeles County Superior Court


Attorneys

Plaintiff

Brandon J. Sweeney
(The Sweeney Law Firm)

Fletcher W.H. Schmidt
(Haines Law Group APC)


Defendant

Jason T. Yu
(Snell & Wilmer LLP)

Patricia Brum
(Snell & Wilmer LLP)


Facts

George L. Throop Co. and Throop Lightweight Fill, Inc., manufactured and replaced concrete slabs for freeways, highways, and other projects throughout Southern California. On April 2, 2019, Joaquin Sotelo and Eliseo Zepeda, as individuals and on behalf of all others similarly situated, brought a class action complaint against George L. Throop Co. and Throop Lightweight Fill, Inc., their former employers, alleging various Labor Code violations. The class included all current and former non-exempt employees who worked for defendants in California at any time between April 2, 2015, and April 4, 2022. On February 12, 2021, the parties participated in a mediation with the Honorable Peter D. Lichtman and reached a resolution.

Contentions

PLAINTIFFS' CONTENTIONS: Plaintiffs alleged that defendants failed to: pay all overtime wages, pay all minimum wages, pay all meal periods, authorize and permit all rest periods, reimburse for necessary business expenses, and provide accurate itemized wage statements for its California employees during the relevant time period. Further, plaintiffs contended that as a result of these violations, defendants engaged in unfair competition in violation of California's Business & Professions Code and committed waiting time penalties.

DEFENDANTS' CONTENTIONS: Defendants denied all contentions.

Result

Defendants agreed to pay $727,990 to settle all claims.


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