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Employment Law
Wage and Hour
Meal and Rest Periods

Astrid Orozco, individually, on a representative basis, and on behalf of all others similarly situated v. Delphon Industries LLC, and Does 1 through 20, inclusive

Published: Apr. 12, 2024 | Result Date: Dec. 28, 2022 | Filing Date: Feb. 4, 2022 |

Case number: 22CV006597 Settlement –  $775,000

Judge

Evelio Grillo

Court

Alameda County Superior Court


Attorneys

Plaintiff

Brian J. Mankin
(Lauby, Mankin & Lauby LLP)

Peter J. Carlson
(Lauby, Mankin & Lauby LLP)


Defendant

Gregory G. Iskander
(Littler Mendelson PC)

Daniel Xuli
(Littler Mendelson PC)


Facts

On February 4, 2022, Astrid Orozco, individually, on a representative basis, and on behalf of all others similarly situated, brought a class action against Delphon Industries LLC, alleging various Labor Code violations. The class included all current and former nonexempt employees employed by Delphon Industries LLC in California at any time from February 4, 2018, through February 13, 2023.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff alleged that defendant failed to: pay wages or minimum wages, including for off the clock or rounding errors; pay overtime wages, including for off the clock, regular rate, invalid alternative work weeks, or rounding errors; provide compliant meal periods; provide compliant rest breaks; timely pay wages each period and upon separation of employment; and provide accurate itemized wage statements for its non-exempt California employees during the class period.

DEFENDANT'S CONTENTIONS: Defendant denied all contentions.

Settlement Discussions

On November 15, 2022, the parties participated in mediation before David Phillips, Esq., a wage and hour mediator.

Result

Delphon Industries LLC agreed to pay $775,000 to settle all claims.


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