Manuel Garduno, individually, on and on behalf of all others similarly situated v. New Generation Framing Inc., Golden State Construction & Framing Inc., and Does 1 through 10, inclusive
Published: Jun. 23, 2023 | Result Date: Feb. 7, 2023 | Filing Date: Feb. 2, 2021 |Case number: CV-21-000544 Settlement – $750,000
Judge
Court
Stanislaus County Superior Court
Attorneys
Plaintiff
Justin F. Marquez
(Wilshire Law Firm )
Benjamin H. Haber
(Wilshire Law Firm)
Arrash T. Fattahi
(Wilshire Law Firm)
Defendant
Shannon L. Bettis Nakabayashi
(Jackson Lewis PC)
Gonzalo Morales
(Jackson Lewis PC)
Facts
New Generation Framing, Inc., and Golden State Construction & Framing, Inc. operate in the general construction industry and specialize in rough carpentry, metal framing, and gypsum board installation. Manuel Garduno, individually and on behalf of all others similarly situated, brought a wage and hour and Private Attorneys General Act representative class action against New Generation Framing, Inc., and Golden State Construction & Framing, Inc., alleging various Labor Code violations. The class included all individuals employed by New Generation Framing, Inc. or Golden State Construction & Framing, Inc. in California that were classified as an hourly-paid or non-exempt employees from February 2, 2017, through January 6, 2022. Defendants estimated that there were approximately 1,229 class members. On January 6, 2022, the parties participated in a full-day Zoom mediation session with Jeffrey A. Ross, Esquire, an experienced class action mediator.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff alleged that defendants failed to: pay for all hours worked, provide employees with legally compliant meal and rest periods, pay minimum and straight time wages, pay overtime wages, authorize and permit rest periods, timely pay all final wages at termination, and provide accurate itemized wage statements for its California employees during the relevant time period. Further, plaintiff contended that defendants engaged in unfair business practices in violation of the California Business and Professions Code.
DEFENDANTS' CONTENTIONS: Defendants denied all contentions.
Result
Defendants agreed to pay $750,000 to settle the case.
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