Willie Marquez and Ahdy Mikhael on behalf of themselves and on behalf of all persons similarly situated v. Accurate Delivery Systems Inc., and Does 1 through 50, inclusive
Published: Nov. 10, 2023 | Result Date: Jul. 13, 2023 | Filing Date: Aug. 31, 2020 |Case number: CIVSB2125337 Settlement – $900,000
Judge
Court
San Bernardino County Superior Court
Attorneys
Plaintiff
Norman B. Blumenthal
(Blumenthal, Nordrehaug, Bhowmik & De Blouw LLP)
Kyle R. Nordrehaug
(Blumenthal, Nordrehaug, Bhowmik & De Blouw LLP)
Aparajit Bhowmik
(Blumenthal, Nordrehaug, Bhowmik & De Blouw LLP)
Victoria B. Rivapalacio
(Blumenthal, Nordrehaug & Bhowmik LLP)
Andrew G. Ronan
(Blumenthal, Nordrehaug & Bhowmik LLP)
Scott M. Lidman
(Lidman Law APC)
Elizabeth C. Nguyen
(Lidman Law APC)
Milan L. Moore
(Lidman Law APC)
Paul K. Haines
(Haines Law Group APC)
Defendant
Stella K. Park
(Law Offices of Park & Zheng)
Yalan Zheng
(Law Offices of Park & Zheng)
Hekmat C. Kordab
(Kordab Law Offices)
Facts
On August 31, 2020, Willie Marquez, Julio Garcia, and Ahdy Mikhael, on behalf of themselves and on behalf of all persons similarly situated, brought a class action against Accurate Delivery Systems Inc., alleging various Labor Code violations. The class included all current and former Delivery Drivers of Defendant Accurate Delivery Systems, Inc. who worked at any time in California from August 18, 2017, through June 7, 2023.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs contended that defendant failed to: pay all overtime wages owed, pay all minimum wages owed, provide meal periods or premium pay for non-compliant meal period, record meal breaks, authorize and permit rest periods or premium pay for non-compliant rest periods, separately pay premiums for rest periods under commission pay plan, reimburse necessary business expenses, timely pay all wages due upon separation of employment, issue accurate itemized wage statements, provide paid sick leave or pay for sick leave, and pay non-productive time under commission pay plan for its non-exempt California employee. Further, plaintiffs alleged that defendant miscalculated the regular rate of pay, improperly rounded the work time recording, and engaged in unfair business practices.
DEFENDANT'S CONTENTIONS: Defendant denied all contentions.
Result
Accurate Delivery Systems Inc. agreed to pay $900,000 to settle all claims.
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