This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Employment Law
Wage and Hour
Failure to Provide Accurate Itemized Wage Statements

Robert Vega, individually, on a representative basis, and on behalf of all others similarly situated v. Marathon Petroleum Logistics Services LLC, Marathon Petroleum Company, LP, and Does 1 through 20, inclusive

Published: Jun. 9, 2023 | Result Date: Dec. 31, 2021 | Filing Date: May 21, 2020 |

Case number: 20STCV19405 Settlement –  $455,290

Judge

Maren E. Nelson

Court

Los Angeles County Superior Court


Attorneys

Plaintiff

Brian J. Mankin
(Lauby, Mankin & Lauby LLP)

Peter J. Carlson
(Lauby, Mankin & Lauby LLP)


Defendant

Jody A. Landry
(Littler Mendelson PC)

Joshua D. Levine
(Littler Mendelson PC)

Kara A. Cole
(Littler Mendelson PC)


Facts

Robert Vega, a transport driver, brought a putative class action and pursued a representative Private Attorneys General Act (PAGA) action against his former employer, Marathon Petroleum Logistics Services LLC and Marathon Petroleum Company LP (collectively, Marathon Petroleum). Marathon Petroleum is an Ohio-based company specializing in petroleum refining, marketing, and transportation, with refinery locations around the world, including California. The class members included all current and former non-exempt employees employed by Marathon Petroleum in the State of California who, in the same pay period, worked overtime and received a "Regular Rate Adj." payment from April 6, 2019, through the Preliminary Approval Date.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff asserted causes of action for failure to provide accurate itemizes wage statements in violation of the Labor Code; and a PAGA assessment for the same claim.

DEFENDANTS' CONTENTIONS: Defendants denied all contentions.

Settlement Discussions

The parties conducted negotiations through class counsel and defense counsel from May 7, 2021, through June 25, 2021. The parties' discussions were based, among other things, upon the parties' prior exchange of written discovery, documents, and the class statistics provided by defendants as well as relevant case law related to California's wage statement requirements. After significant negotiations, the parties were eventually able to reach an agreement as to the key terms of the settlement.

Result

The case settled for $455,290.


#141002

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390