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Employment Law
Wage and Hour
Meal and Rest Periods

Flor De Maria Marroquin, an individual, on her own behalf and on behalf of all others similarly situated v. Food Castle Inc., and Does 1 through 100, inclusive

Published: Jul. 21, 2023 | Result Date: Feb. 15, 2023 | Filing Date: Jun. 15, 2021 |

Case number: 21STCV22582 Settlement –  $575,000

Judge

Yvette M. Palazuelos

Court

Los Angeles County Superior Court


Attorneys

Plaintiff

Kevin A. Lipeles
(Lipeles Law Group APC)

Thomas H. Schelly
(Lipeles Law Group APC)


Defendant

Jeremy M. Mittman
(Mitchell, Silberberg & Knupp LLP)

Valentine A. Shalamitski
(Mitchell, Silberberg & Knupp LLP)


Facts

Flor De Maria Marroquin worked in a food packing plant for Food Castle, Inc. On August 19, 2021, Marroquin, individually and on behalf of all others similarly situated, filed a class action against Food Castle, Inc., alleging various Labor Code violations. The class included all non-exempt persons employed by Food Castle, Inc. in California at any time from June 15, 2017, through the date of preliminary approval. On November 11, 2021, the parties participated in a formal mediation session with well-respected wage and hour mediator Nikki Tolt, Esq.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant failed to: pay overtime wages, issue accurate itemized statements, pay minimum wages, provide legally compliant rest periods and/or pay rest period premium wages, and pay all earned and unpaid wages due upon separation of employment for its California employees during the relevant time period. Further, plaintiff alleged that defendant engaged in unfair and unlawful business practices as a result of these violations.

DEFENDANT'S CONTENTIONS: Defendant denied all contentions.

Result

Food Castle, Inc. agreed to pay $575,000 to settle the case.


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