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Employment Law
Wage and Hour
Meal and Rest Periods

Mary Jean Smith, an individual, on behalf of herself and others similarly situated v. NOIA Residential Services, Inc., and Does 1 through 50, inclusive

Published: Jan. 12, 2024 | Result Date: Sep. 20, 2023 | Filing Date: Jun. 24, 2020 |

Case number: 20CECG01820 Settlement –  $750,000

Judge

Kimberly A. Gaab

Court

Fresno County Superior Court


Attorneys

Plaintiff

David H. Yeremian
(David Yeremian & Associates Inc.)

Natalie R. Haritoonian
(David Yeremian & Associates Inc.)

Emil Davtyan
(D.Law Inc.)


Defendant

Amy R. Lovegren-Tipton
(Law Office of Amy R. Lovegren-Tipton APLC)


Facts

On June 24, 2020, Mary Jean Smith, on behalf of herself and others similarly situated, brought a class action against NOIA Residential Services, Inc., alleging various Labor Code violations. On September 11, 2020, Smith filed the operative First Amended Complaint. The class included all current and former non-exempt employees of NOIA Residential Services who worked in California from June 24, 2016, through October 8, 2021.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant failed to: pay minimum wages, pay wages and overtime compensation, provide compliant meal periods or premiums for missed meal periods, provide compliant rest breaks or premiums for missed rest breaks, reimburse for necessary busness expenses, maintain accurate records, timely pay wages during employment or upon separation, and provide complete and accurate itemized wage statements for its non-exempt California employees during the class period. Further, plaintiff alleged that defendant engaged in unfair business practices based on the aforementioned claims.

DEFENDANT'S CONTENTIONS: Defendant denied all contentions.

Settlement Discussions

The parties entered into a settlement after arms-length negotiations with an experienced and neutral mediator.

Result

NOIA Residential Services, Inc. agreed to pay $750,000 to settle all claims.


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