Todd Westphal v. Southwest Gas Corp.
Published: Jan. 19, 2024 | Result Date: Sep. 14, 2023 | Filing Date: Jun. 1, 2018 |Case number: CIVDS1813554 Settlement – $3,500,000
Judge
Court
San Bernardino County Superior Court
Attorneys
Plaintiff
Joshua F. Young
(Gilbert & Sackman )
Joshua B. Adams
(Gilbert & Sackman)
Mitzi N. Marquez-Avila
(Gilbert & Sackman)
Defendant
Richard D. Marca
(Varner & Brandt LLP)
Facts
On June 1, 2018, former employees Todd Westphal, John Mortimore, Manuel Perez, and Christopher Higgins brought a class action against Southwest Gas Corporation, Southwest Gas Utility Group, Inc., and Southwest Gas Holdings, Inc., alleging various wage and hour violations. The class included all current and former hourly California non-exempt employees of defendants who were scheduled to be "on call" at any time from June 1, 2014, to November 28, 2017.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs contended that defendants failed to pay minimum wages during times when its California employees were "on call" during the class period. Plaintiffs sought both back wages and other relief for its class members and penalties under the California Private Attorney General Act for the alleged violations.
DEFENDANTS' CONTENTIONS: Defendants denied all contentions.
Result
Defendants agreed to pay $3.5 million.
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