Francisco Herrera, an individual, on behalf of himself and all others similarly situated v. Kern Pacific Construction Company, and Does 1 through 100
Published: Jun. 7, 2024 | Result Date: Oct. 19, 2023 | Filing Date: Jun. 26, 2019 |Case number: BCV-19-101846-DRZ Settlement – $500,000
Judge
Court
Kern County Superior Court
Attorneys
Plaintiff
Sam Sani
(Sani Law APC)
Paul K. Haines
(Haines Law Group APC)
Defendant
Daniel K. Klingenberger
(LeBeau Thelen, LLP)
Facts
On October 8, 2020, Francisco Herrera, individually and on behalf of himself and all others similarly situated, brought a class action against Kern Pacific Construction Company, alleging various Labor Code violations. The complaint alleged two additional class representative plaintiffs, Manual Marroquin and Hector Sanchez. The class included all persons employed in California by Kern Pacific Construction Company as hourly-paid (non-exempt) employees at any time from June 26, 2015, through July 29, 2022. Kern Pacific Construction Company represented there were approximately 239 Settlement Class Members who have worked approximately 19,564 workweeks during the class period. On February 14, 2022, plaintiffs filed a second amended class and representative action complaint.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs alleged that defendant failed to: pay overtime and minimum wages, provide compliant meal periods or premium compensation in lieu thereof, provide compliant rest periods or premium compensation in lieu thereof, reimburse for necessary business expenses, and provide accurate itemized wage statements for its non-exempt California employees during the relevant time period.
DEFENDANT'S CONTENTIONS: Defendant denied all contentions.
Settlement Discussions
On July 29, 2022, the parties participated in mediation before Lisa Klerman, a highly experienced class-action mediator.
Result
Kern Pacific Construction Company agreed to pay $500,000 to settle all claims.
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