Francisco Schiller, on behalf of himself and as representative for the State of California on behalf of all other aggrieved employees v. Ashley Distribution Services Ltd., and Does 1 through 10, inclusive
Published: May 17, 2024 | Result Date: Nov. 28, 2023 | Filing Date: Jun. 16, 2020 |Case number: CIVDS2013264 Settlement – $350,000
Judge
Court
San Bernardino County Superior Court
Attorneys
Plaintiff
Michael D. Singer
(Cohelan, Khoury & Singer)
Rosemary C. Khoury
(Cohelan, Khoury & Singer)
Sahag Majarian II
(Majarian Law Group APC)
Defendant
Lonnie D. Giamela
(Fisher & Phillips LLP)
Facts
On June 16, 2020, Francisco Schiller, on behalf of himself and as representative for the State of California on behalf of all other aggrieved employees, brought a class action against Ashley Distribution Services Ltd., alleging various Labor Code violations. The class included all individuals who are or previously were employed by Ashley Distribution Services Ltd. in California who were classified as hourly, non-exempt employees from August 23, 2018, to September 13, 2022. Based on a review of its records to date, Ashley Distribution Services Ltd. estimated there were approximately 495 Class Members who collectively worked a total of 39,685 Workweeks, and 448 Aggrieved Employees who worked a total of 31,575 Private Attorneys General Act. On July 23, 2020, Schiller filed the operative class complaint against Ashley Distribution Services Ltd. which included a violation of the California Unfair Competition Law.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff alleged that defendant failed to: pay minimum, regular, and overtime wages; provide compliant meal periods; provide compliant rest periods; provide accurate itemized wage statements; timely pay wages due during employment; timely pay wages due upon separation of employment; reimburse for necessary business-related expenses; and maintain accurate records for its non-exempt California employees during the class period.
DEFENDANT'S CONTENTIONS: Defendant denied all contentions.
Settlement Discussions
On August 17, 2022, the parties participated in an all-day mediation presided over by experienced employment mediator Todd Smith, Esquire, which led to a settlement agreement.
Result
Ashley Distribution Services Ltd. agreed to pay $350,000 to settle all claims.
Other Information
Consolidated with: CIVDS2014776
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