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
Meal and Rest Periods

Express Messenger Systems Wage and Hour Cases

Published: Jun. 30, 2023 | Result Date: Jan. 6, 2022 |

Case number: JCCP 4789 Settlement –  $10,500,000

Judge

Kenneth R. Freeman

Court

Los Angeles County Superior Court


Attorneys

Plaintiff

Stanley D. Saltzman
(Marlin & Saltzman LLP)

Stephen P. O'Dell
(Marlin & Saltzman LLP)

Raul Perez
(Capstone Law APC)

Melissa Grant
(Capstone Law APC)

James R. Hawkins
(James Hawkins APLC)


Defendant

Robert G. Hulteng
(Littler Mendelson PC)

Damon M. Ott
(Littler Mendelson PC)

Melanie M.C. Cole
(Seyfarth Shaw LLP)


Facts

Thomas Lewis and and Eliseo Leal both worked as drivers for Express Messenger Systems dba OnTrac. On February 22, 2013, Lewis filed a class action complaint in Los Angeles Superior against Express Messenger for wage-and-hour violations. Three months later, Leal also filed the same type of complaint against Express with the same court. The court related the two cases, assigning Lewis's case as the lead. On January 31, 2014, Lewis filed a first amended complaint adding Aurelio Sanchaez and adding Private Attorneys General Act claims.

Contentions

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that they were misclassified as independent contractors and asserted causes of action for unpaid overtime; unpaid minimum wages; unpaid meal and rest period premiums; wages not timely paid on termination; unpaid, necessary business expenses; non-compliant wage statements; unfair business practices; and PAGA penalties.

DEFENDANT'S CONTENTIONS: Defendant denied the allegations and having engaged in any wrongdoing, maintaining that it settled solely to eliminate the burden, expense, and delay of further litigation.

Settlement Discussions

The parties participated in mediation with Mark Rudy. Though they were unable to reach a settlement initially, after on-going negotiations, on October 6, 2020, they reached the preliminary terms that led to the settlement agreement.

Result

The parties settled for $10.5 million, the maximum amount defendant would be obligated to pay under the agreement.


#141026

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

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