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Employment Law
Wage and Hour
Meal and Rest Periods

Rhina Mendoza De Vielma, individually, and on behalf of all others similarly situated v. Modular Metal Fabricators Inc., and Does 1 through 10, inclusive

Published: Apr. 12, 2024 | Result Date: Jan. 8, 2024 | Filing Date: Nov. 17, 2020 |

Case number: CVRI2000226 Settlement –  $678,090

Judge

Harold W. Hopp

Court

Riverside County Superior Court


Attorneys

Plaintiff

Kane Moon
(Moon Law Group PC)

Allen V. Feghali
(Moon Law Group PC)

Sohyun Oh
(Moon Law Group PC)


Defendant

Richard D. Marca
(Varner & Brandt LLP)


Facts

On November 17, 2020, Rhina Mendoza De Vielma, on behalf of herself and all other similarly situated, filed a putative class action against Modular Metal Fabricators, alleging various Labor Code violations. The class included all persons employed in California as hourly, non- exempt employees by Modular Metal Fabricators, Inc. at any time between November 17, 2017 to March 17, 2023. On July 2, 2021, plaintiff amended the complaint to add a tenth cause of action for civil penalties under the Private Attorney's General Act (PAGA). There was also a PAGA Group class that included: all persons employed in California as hourly, non-exempt employees by Modular Metal Fabricators, Inc. at any time between November 17, 2019, to July 19, 2022.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff alleged defendant failed to: pay minimum wages, pay overtime compensation, provide meal periods, authorize and permit rest breaks, indemnify necessary business expenses, timely pay all wages due 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.

Result

Modular Metal Fabricators agreed to pay $678,090 to settle all claims.


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