Christopher Lyon, individually, and on behalf of all others similarly situated v. Bayside Marin Inc. and Does 1 through 100, inclusive
Published: Jan. 5, 2024 | Result Date: Aug. 7, 2023 | Filing Date: Nov. 8, 2021 |Case number: CIV2103872 Settlement – $450,000
Judge
Court
Marin County Superior Court
Attorneys
Plaintiff
Scott E. Cole
(Cole & Van Note)
Laura G. Van Note
(Cole & Van Note)
Defendant
Mark S. Spring
(CDF Labor Law LLP)
Nicole A. Legrottaglie
(CDF Labor Law LLP)
Sander J.C. van der Heide
(CDF Labor Law LLP)
Tashayla D. Billington
(CDF Labor Law LLP)
Facts
On November 8, 2021, Christopher Lyon, individually and on behalf of all others similarly situated, brought a class action against Bayside Marin Inc., alleging various Labor Code violations. The class included all persons employed by Bayside Marin Inc. in an hourly, non-exempt position in California from September 8, 2020, through October 24, 2022, who did not sign an arbitration agreement. On March 22, 2022, Lyon filed the operative first amended complaint.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff alleged that defendant failed to: pay for off-the-clock work, pay minimum wages, pay regular wages, pay overtime wages, pay double time wages, provide meal periods and meal period premiums, provide rest breaks and rest break premiums, provide accurate itemized wage statements, and timely pay wages at separation for its California employees during the class period. Further, plaintiff contended that defendant engaged in unfair competition based on the alleged violations of the Labor Code.
DEFENDANT'S CONTENTIONS: Defendant denied all contentions.
Settlement Discussions
On August 25, 2022, the parties participated in a mediation with respected mediator Brandon McKelvey and reached a settlement agreement.
Result
Bayside Marin Inc. agreed to pay $450,000 to settle all claims.
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