Facts

On June 3, 2019, Alfonso Moreno, individually and on behalf of others similarly situated and other aggrieved employees, brought a class action against DCX-Chol Enterprises Inc., alleging various Labor Code violations. On July 26, 2019, Moreno filed a representative Private Attorney General Act (PAGA) action complaint against DCX-CHOL Enterprises Inc. The class included all non-exempt employees who are or previously were employed by Defendant in California June 3, 2015 to April 20, 2022. On August 14, 2020, plaintiff filed a First Amended Complaint which added additional causes of action for PAGA violations as well as causes of action for wrongful termination and statutory violations on Moreno's behalf. On April 1, 2021, plaintiff filed the operative Second Amended Complaint after a meet and confer between the parties.

PLAINTIFF'S CONTENTIONS: Plaintiff alleged that defendant failed to: pay overtime wages, pay minimum wages, provide meal breaks or premium pay in lieu thereof, provide rest breaks or premium pay in lieu thereof, pay timely wages, provide accurate itemized wage statements, pay all wages due at time of separation, provide employment records for its non-exempt California employees during the class period. Further, plaintiff contended that defendant wrongfully terminated him.

DEFENDANT'S CONTENTIONS: Defendant denied all contentions.

Settlement Discussions

On April 20, 2022, the parties participated in a full-day mediation before Jeffrey Krivis, Esq.

Result

DCX-Chol Enterprises Inc. agreed to pay $2.2 million to settle the case.