This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Employment Law
Wage and Hour
Meal and Rest Periods

Eliseo Ochoa v. Vieira Agricultural Enterprises, LLC

Published: Jan. 5, 2024 | Result Date: Sep. 15, 2023 | Filing Date: Jul. 14, 2021 |

Case number: 21CV-02299 Settlement –  $1,500,000

Judge

Brian L. McCabe

Court

Merced County Superior Court


Attorneys

Plaintiff

Daniel J. Brown
(Stansbury Brown Law PC)


Defendant

Carrie E. Bushman
(Cook Brown LLP)

Walter J. Schmidt
(Crabtree Schmidt)


Facts

Plaintiff Eliseo Ochoa brought class action and Private Attorneys General Act claims against Defendant Vieira, alleging that it: (1) failed to pay employees all earned wages including minimum and overtime wages; (2) failed to provide all legally required meal periods; (3) failed to authorize all legally required rest periods; (4) failed to provide accurate and itemized wage statements; (5) failed to timely pay all wages due or final wages due upon separation of employment; and (6) failed to reimburse for all necessary business expenses.

Result

The parties agreed to a settlement, whereby Vieira agreed to pay $1,500,000. The parties also agreed to allocate up to: $525,000 in attorneys' fees; $20,000 in costs; $25,000 in settlement administration costs; $7,500 for the class representative; $20,000 for the State of California, and $5,000 for the PAGA amount.


#142156

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390