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Employment Law
Wage and Hour
Meal and Rest Periods

Amy Bugaiski, Kimberly Gardner v. Sonney's BBQ Shack, Sonney Bruning

Published: Feb. 2, 2024 | Result Date: Sep. 15, 2023 | Filing Date: Sep. 11, 2019 |

Case number: SC20190161 Settlement –  $230,000

Judge

Leanne K. Mayberry

Court

El Dorado County Superior Court


Attorneys

Plaintiff

Robert W. Ottinger
(The Ottinger Firm PC)


Defendant

Ellen C. Arabian-Lee
(Arabian-Lee Law Corporation)


Facts

On a Friday Inc. dba Sonney's BBQ Shack and Sonney Bruning own and operate a small, privately-owned restaurant in South Lake Tahoe: Sommey's BBQ Shack & Grill. In September 2019, Amy Bugaiski and Kimberly Gardner filed a wage-and-hour lawsuit seeking to represent a class consisting of those employed by Sonney's from September 11, 2015 to June 30, 2021 in El Dorado Superior. In April 2020, they added a Private Attorneys General Act cause of action seeking to represent employers who worked from January 17, 2019 through June 30, 2021.

Contentions

PLAINTIFFS' CONTENTIONS: Plaintiffs made several contentions, including among others, failure to: provide legally compliant meal periods; authorize and permit legally compliant rest periods; pay minimum and/or overtime wages; and reimburse for business expenses. They also made claims for waiting time penalties and wage statement claims.

DEFENDANTS' CONTENTIONS: Defendants denied all claims and contentions alleged by plaintiffs, maintaining they have never engaged in unlawful acts regarding the alleged matters.

Result

The parties agreed to settle for $230,000 with no reversion to defendants and with the stipulation that payment will be made without the need to submit a claim form.


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