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Employment Law
Wage and Hour
Meal and Rest Periods

Eduardo Gutierrez Nieves, on behalf of himself and others similarly situated v. Adee Honey Farms, Burkett's Pollination Inc., and Does 1 to 100, inclusive

Published: Feb. 9, 2024 | Result Date: Nov. 14, 2023 | Filing Date: Oct. 16, 2020 |

Case number: 20CECG03073 Settlement –  $182,915

Judge

Jonathan Skiles

Court

Fresno County Superior Court


Attorneys

Plaintiff

Joseph Lavi
(Lavi & Ebrahimian LLP)

Vincent C. Granberry
(Lavi & Ebrahimian LLP)

Courtney M. Miller
(Lavi & Ebrahimian LLP)


Defendant

Ronnie Arenas
(Kelley, Drye & Warren LLP)

Mark A. Konkel
(Kelley, Drye & Warren LLP)


Facts

On October 16, 2020, Eduardo Gutierrez Nieves, on behalf of himself and others similarly situated, brought a class action against Adee Honey Farms and Burkett's Pollination Inc., alleging various wage and hour violations. The class included any and all current and former hourly non-exempt employees of defendants in California from October 16, 2016, through and including December 9, 2021.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff alleged that defendants failed to: pay wages for all overtime hours worked at the overtime rate of pay, authorize or permit all legally required and compliant meal periods or pay meal period premium wages, authorize or permit all legally required and compliant rest periods or pay rest period premium wages, indemnify employees for all necessary expenditures or losses incurred by them in direct consequences of discharging their duties, and timely pay earned wages during employment and upon separation for its non-exempt California employees during the class period.

DEFENDANTS' CONTENTIONS: Defendants denied all contentions.

Result

Defendants agreed to pay $182,915 to settle all claims.


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