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Employment Law
Wage and Hour
Meal and Rest Periods

Edgar Mariscal v. Arizona Tile, LLC, et al.

Published: Aug. 18, 2023 | Result Date: Mar. 28, 2023 | Filing Date: Sep. 15, 2020 |

Case number: 8:20-cv-02071-JLS-KES Settlement –  $2,500,000

Judge

Josephine L. Staton

Court

CD CA


Attorneys

Plaintiff

Joanna Ghosh
(Lawyers for Justice PC)

Arby Aiwazian
(Lawyers for Justice PC)

Edwin Aiwazian
(Lawyers for Justice PC)


Defendant

Andrew B. Levin
(Ogletree, Deakins, Nash, Smoak & Stewart PC)

Evan R. Moses
(Ogletree, Deakins, Nash, Smoak & Stewart PC)

Aaron H. Cole
(Ogletree, Deakins, Nash, Smoak & Stewart PC)


Facts

Arizona Tile, LLC is a wholesaler of stone, granite, and tile pieces for residential and commercial spaces with over one dozen locations throughout California. Edgar Mariscal was employed by Arizona Tile as an hourly-paid, non-exempt employee from approximately February 2013 to July 2018 in Orange County, California. On September 15, 2020, Mariscal brought a class action against Arizona Tile, LLC, alleging various Labor Code violations. The class included all persons who are employed or have been employed by Arizona Tile, LLC as non-exempt, hourly-paid employees in California from September 15, 2016, to October 21, 2021. Arizona Tile estimated that there were approximately 415 persons in the class that worked approximately 50,649 compensable workweeks during the class period. On July 23, 2021, the parties attended a full-day mediation that resulted in an agreement to settle all claims.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant failed to: pay overtime wages, pay minimum wages, provide compliant meal periods or pay premiums in lieu thereof, provide compliant rest periods or pay premiums in lieu thereof, timely pay all wages due upon termination, timely pay all wages during employment, provide compliant accurate itemized wage statements, reimburse business expenses, and keep requisite payroll records for its California employees during the relevant time period. Further, plaintiff alleged that defendant engaged in unfair competition in violation of California Business & Professions Code.

DEFENDANT'S CONTENTIONS: Defendant denied all contentions.

Result

Arizona Tile, LLC agreed to pay $2.5 million to settle the case.


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