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Employment Law
Wage and Hour
Meal and Rest Periods

Roger Westfall, and Joseph M. Atwell, as individuals, and on behalf of all others similarly situated v. Naes Corporation and Does 1 through 20, inclusive

Published: Jan. 12, 2024 | Result Date: Aug. 24, 2023 | Filing Date: Aug. 3, 2020 |

Case number: BCV-20-101796 Settlement –  $800,000

Judge

Thomas S. Clark

Court

Kern County Superior Court


Attorneys

Plaintiff

Samuel A. Wong
(Aegis Law Firm PC)

Kashif Haque
(Aegis Law Firm PC)

Alexander G. Davies
(Aegis Law Firm PC)

Daniel E. Ishu
(Aegis Law Firm PC)


Defendant

Karin M. Cogbill
(Hopkins & Carley)

Elaisha Nandrajog
(Hopkins & Carley)


Facts

Roger Westfall, and Joseph M. Atwell, individually and on behalf of all others similarly situated, brought a class action against Naes Corporation, alleging various Labor Code violations. The class included all current and former non-exempt employees of Naes Corporation employed in California from April 6, 2016, through August 24, 2023.

Contentions

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that defendant failed to: pay wages, pay sick pay, provide meal periods or compensation in lieu thereof, provide paid rest periods, timely furnish accurate itemized wage statements, timely pay wages due upon separation of employment, reimburse for necessary business expenses, and maintain employee records for its California employees during the relevant time period. Further, plaintiffs alleged that defendant engaged in unfair business practices based on the aforementioned violations.

DEFENDANT'S CONTENTIONS: Defendant denied all contentions.

Settlement Discussions

The parties participated in a mediation session with the Honorable Jill R. Sperber (Retired) on November 15, 2022.

Result

Naes Corporation agreed to pay $800,000 to settle the case.


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