Edgar Guillen v. DMD Construction Inc., Kystian Konefal, Maciej Wnorowski, and Does 1-10, inclusive
Published: Jan. 19, 2024 | Result Date: Sep. 28, 2023 | Filing Date: Jan. 19, 2022 |Case number: 22CV393451 Settlement – $150,000
Judge
Court
Santa Clara County Superior Court
Attorneys
Plaintiff
Marco A. Palau
(Advocates for Worker Rights LLP)
Joseph D. Sutton
(Advocates for Worker Rights LLP)
Eric S. Trabucco
(Advocates for Worker Rights LLP)
Defendant
Michelle R. Ferber
(Ferber Law PC)
Jonathan R. Babione
(Ferber Law PC)
Connor M. Day
(Ferber Law PC)
Facts
Edgar Guillen worked for DMD Construction Inc. On January 19, 2022, he filed suit in Santa Clara Superior against DMD, Kystian Konefal, and Maciej Wnorowski for wage-and-hour violations, seeking to represent those who were employed as non-exempt and/or hourly paid employees between January 19, 2018 through March 29, 2023.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended on behalf of himself and the putative class members, that defendants failed to pay wages for all hours worked and overtime wages plus failed to indemnify for necessary business expenses. Moreover, plaintiff further contended defendants violated labor laws pertaining to meal period, rest break, wage statement, and waiting time penalties requirements. Finally, plaintiff also included Unfair Competition Law and Private Attorneys General Act civil penalties claims in his Complaint.
DEFENDANTS' CONTENTIONS: Defendants denied all of plaintiff's allegations and claims for class certification, contending they complied with all applicable laws with respect to plaintiff's claims, and only resolved to avoid the burden, expense, and risk of continued litigation.
Result
The case settled for $150,000.
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