Marco Gutierrez, on behalf of himself and all other similarly situated v. Del West Engineering Inc., and Does 1 through 50, inclusive
Published: Mar. 15, 2024 | Result Date: Jun. 7, 2023 | Filing Date: Dec. 14, 2021 |Case number: 21STCV45477 Settlement – $515,000
Judge
Court
Los Angeles County Superior Court
Attorneys
Plaintiff
Kevin R. Allen
(Allen Attorney Group)
Nicolas Orihuela
(Orihuela Law Firm PC)
Defendant
Leslie L. Abbott
(Paul Hastings LLP)
Austin M. Schulz-Amos
(Paul Hastings LLP)
Facts
Del West Engineering Inc. is a multi-national manufacturing corporation specializing in the production of high-end components for racing, aerospace, watches and other industries. On December 14, 2021, Marco Gutierrez, on behalf of himself and all other similarly situated, brought a class action against Del West Engineering Inc., alleging wage and hour violations. On August 18, 2022, plaintiff filed a First Amended Complaint to officially add Private Attorneys General Act claims. The class included all current and former individuals who have been employed by Del West Engineering, Inc. as a non-exempt employee in one or more of the titles: Final Inspector; Forge Operator; Inspector; Machine Operator; Machinist; Maintenance Mechanic; Maintenance Technician; Polisher; Preventive Maintenance Technician; Prototype Machinist; PVD Operator; Quality Assurance Technician; Receiving Clerk; Robotic Polish Operator; Sodium Fill Operator; Janitor - AWS; Shipping Clerk - AWS ; Team Leader; in California at any time from December 14, 2017, through June 26, 2022. However, former employees who Defendant laid off in September 2019 as part of Defendant's reduction in force and who received separation pay in exchange for a general release of claims are excluded from the Class and are not entitled to any additional payments provided in this Settlement. Defendant estimated there were approximately 172 Class Members that worked approximately 18,515 Compensable Weeks.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff alleged that defendant failed to: pay all minimum and overtime wages owed, provide meal periods or pay meal period premiums in lieu thereof, provide rest breaks or pay rest break periods in lieu thereof, timely pay wages on separation of employment, and provide accurate itemized wage statements for its non-exempt California employees.
DEFENDANTS' CONTENTIONS: Defendants denied all contentions.
Settlement Discussions
On April 21, 2022, the parties attended an unsuccessful full day mediation session with Dennis Moss.
Result
Del West Engineering Inc. agreed to pay $515,000 to settle all claims.
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