This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Employment Law
Wage and Hour
Meal and Rest Periods

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

Jessica Morgan

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


#142897

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390