Jacob Blea, individually, and on behalf of aggrieved employees pursuant to the Private Attorneys General Act (PAGA) v. Pacific Groservice Inc., Pittsburg Wholesale Grocers Inc. dba Pitco Foods, and Does 1 through 100, inclusive
Published: Aug. 4, 2023 | Result Date: Dec. 9, 2022 | Filing Date: Dec. 28, 2020 |Case number: 20CV375150 Settlement – $2,500,000
Judge
Court
Santa Clara County Superior Court
Attorneys
Plaintiff
Douglas Han
(Justice Law Corporation)
Shunt Tatavos-Gharajeh
(Justice Law Corporation)
Defendant
Donald P. Sullivan
(Jackson Lewis PC)
Kathleen B. Roney
(Jackson Lewis PC)
Facts
On December 28, 2020, Jacob Blea, individually, and on behalf of aggrieved employees pursuant to the Private Attorneys General Act, brought a putative class action against Pacific Groservice Inc. and Pittsburg Wholesale Grocers Inc. dba Pitco Foods, alleging various Labor Code violations. The class included all hourly-paid or non-exempt employees employed by defendants within California from December 28, 2016, through July 27, 2022, excluding those persons that have signed release agreements.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that he and other employees were regularly denied meal and rest periods or their meal or rest periods were shortened, interrupted, and/or provided late. Further, plaintiff alleged that they were required to work off-the-clock, including attending job training, completing security screenings, and/or completing COVID-19 screenings. Additionally, plaintiff and others were not reimbursed for necessary business expenses like the purchase of safety vests and goggles. Plaintiff also maintained that defendants miscalculated the regular rate of pay for their hourly-paid and non-exempt employees by failing to account for nondiscretionary bonuses and failed to pay all wages owed at separation and to provide complete and accurate wage statements and keep accurate payroll records. Finally, plaintiff argued that defendants engaged in unfair business practices in violations of the California Business & Professions Code.
DEFENDANTS' CONTENTIONS: Defendants denied all contentions.
Result
Defendants agreed to pay $2.5 million to settle the case.
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