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Employment Law
Wage and Hour
Meal and Rest Periods

Jeremiah Brooke, on behalf of himself and others similarly situated and aggrieved employees v. Lusamerica Foods Inc., and Does 1 through 10, inclusive

Published: Dec. 8, 2023 | Result Date: Oct. 12, 2022 | Filing Date: Jan. 14, 2020 |

Case number: 20CV361692 Settlement –  $700,000

Judge

Patricia M. Lucas

Court

Santa Clara County Superior Court


Attorneys

Plaintiff

Michael D. Singer
(Cohelan, Khoury & Singer)

Kristina A. De La Rosa
(Cohelan, Khoury & Singer)

Dennis F. Moss
(Moss Bollinger LLP)

Jeremy F. Bollinger
(Moss Bollinger LLP)


Defendant

Sarju A. Naran
(Hoge, Fenton, Jones & Appel Inc.)

Jennifer M. Protas
(Hoge, Fenton, Jones & Appel Inc.)

Maysa Saeed
(Hoge, Fenton, Jones & Appel Inc.)


Facts

On January 14, 2020, Jeremiah Brooke, on behalf of himself and others similarly situated and aggrieved employees, brought a class action against Lusamerica Foods Inc., alleging various Labor Code violations. The class included all individuals employed by Lusamerica Foods, Inc. in the State of California as non-exempt employees and who were paid on an hourly, piece-rate, per-mile basis, or combination therein at any point from January 14, 2016, to November 15, 2021.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant failed to: pay minimum wages, pay overtime wages, provide meal periods, provide rest periods, provide accurate itemized wage statements, pay wages timely to terminated employees, and reimburse necessary business expenses for its California employees during the relevant time period. Further, plaintiff alleged that defendant engaged in unlawful competition in violation of the California Business & Professions Code.

DEFENDANT'S CONTENTIONS: Defendant denied all contentions.

Settlement Discussions

On February 4, 2021, the parties attended a full day of mediation with mediator Tripper Ortman.

Result

Lusamerica Foods Inc. agreed to pay $700,000 to settle all claims.


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