Facts

Ruben Ramirez was employed by SeaWin, Inc. as a non-exempt, hourly paid employee. On May 3, 2021, Ramirez gave notice to the Labor and Workforce Development Agency and SeaWin, Inc. that he intended to serve as a proxy for the LWDA in a Private Attorneys General Act civil enforcement action. On June 11, 2021, Ramirez filed suit against SeaWin, Inc.; Best International Trading, Inc.; and All Good Foods, Inc. on behalf of himself and on behalf of all others similarly situated. In August, the complaint was amended to include PAGA claims.

PLAINTIFF'S CONTENTIONS: The plaintiff contended that the defendants failed to pay overtime and minimum wages; failed to provide meal and rest breaks; failed to pay compensation in lieu of missed breaks and meals; failed to provide accurate itemized wage statements; failed to pay wages timely; and engaged in unfair competitive practices in violation of the Unfair Competition Law. The plaintiff further contended that the defendants were liable for civil penalties for these alleged failures under the Private Attorneys General Act of 2004.

DEFENDANTS' CONTENTIONS: The defendants denied any wrongdoing or liability and all the plaintiff's material allegations.

Settlement Discussions

On August 30, 2022, the parties participated in a mediation with Lynn Frank, Esq.

Result

The parties reached an agreement wherein the defendant admitted no wrongdoing or liability but agreed to pay $475,000 to settle class and PAGA claims.