Deisi Carolina Sanchez, an individual and on behalf of others similarly situated v. Atherstone Foods Inc. dba Glass Onion Catering, and Does 1 through 50
Published: Jun. 16, 2023 | Result Date: Feb. 23, 2023 | Filing Date: Sep. 28, 2020 |Case number: C20-01999 Settlement – $726,600
Judge
Court
Contra Costa County Superior Court
Attorneys
Plaintiff
Arlo G. Uriarte
(Liberation Law Group PC)
Un Kei Wu
(Liberation Law Group PC)
Defendant
Audrey A. Gee
(Brown, Gee & Wenger LLP)
David M. Marchiano
(Brown, Gee & Wenger LLP)
Facts
From July 2019 to about February 2020, Deisi Sanchez worked as a food preparer in the assembly line for Atherstone Foods dba Glass Onion Catering in the city of Richmond. On September 28, 2020, Sanchez filed suit in Contra Costa County Superior against Atherstone Foods for wage-and-hour violations, seeking to represent employees and former employees who worked from September 28, 2016 through March 27, 2022.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant failed to pay all hours worked; violated laws pertaining to minimum wage, wage statement, overtime, meal and rest period, and waiting time penalties. She further attested violations of unfair business practices based on defendant's actions and that those actions warranted penalties under the Private Attorneys General Act. According to plaintiff, class members worked "off-the-clock" hours; had a policy and practice of requiring employees to be in full gear in the line area; and required the class members to put on and take off uniforms, protective gear and shoes before entering and/or leaving the assembly line where the timekeeping system was located. Moreover, the class members' meal times were frequently interrupted and they were required to work during their meal periods without being compensated appropriately. Because of these practices, class members received less than the minimum wage pay for hours worked. Class members were not only required to purchase anti-slip shoes at their own expense as a condition of employment but were also required to leave the shoes at the premises, yet defendant did not reimburse for those costs.
DEFENDANT'S CONTENTIONS: Defendant claimed that plaintiff's claims not only lacked factual and legal merit, it also argued that class certification was unwarranted.
Settlement Discussions
On January 26, 2022, the parties participated in mediation with Jeffrey Ross, reaching a settlement after extensive negotiations.
Result
The case settled for a gross settlement amount of $726,600.
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