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Employment Law
Wage and Hour
Meal and Rest Periods

Andrea Marquez, individually, and on behalf of other members of the general public similary situated v. Nihon Kohden America Inc., and Does 1 through 100, inclusive

Published: Dec. 22, 2023 | Result Date: Jul. 14, 2023 | Filing Date: Feb. 17, 2021 |

Case number: 30-2021-01184495-CU-OE-CXC Settlement –  $150,000

Judge

Randall J. Sherman

Court

Orange County Superior Court


Attorneys

Plaintiff

Douglas Han
(Justice Law Corporation)

Shunt Tatavos-Gharajeh
(Justice Law Corporation)

Lizette A. Rodriguez
(Justice Law Corporation)


Defendant

Diana Marie Estrada
(Wilson, Elser, Moskowitz, Edelman & Dicker LLP)


Facts

On February 17, 2021, Andrea Marquez, individually, and on behalf of other members of the general public similarly situated, brought a class action against Nihon Kohden America Inc., alleging various Labor Code violations. The class included all current and former hourly-paid or non-exempt employees of Vaco LLC who were assigned to work at Nihon Kohden America, Inc. within California from February 18, 2017, to January 27, 2022.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff argued that defendant failed to: pay minimum wages, overtime wages, provide meal breaks, provide rest breaks, pay meal period premium wages, pay rest premium wages, provide accurate wage statements, timely pay final wages during employment and at separation, reimburse business expenses, and maintain accurate payroll records for its California employees during the class period.

DEFENDANT'S CONTENTIONS: Defendant denied all contentions.

Result

Nihon Kohden America Inc. agreed to pay $150,000 to settle all claims.


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