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Employment Law
Wage and Hour
Meal and Rest Periods

Abel Young, an individual, on behalf of himself and on behalf of all persons similarly situated v. TABC Inc., and Does 1 through 50, inclusive

Published: Aug. 30, 2024 | Result Date: Dec. 21, 2023 | Filing Date: Aug. 22, 2022 |

Case number: 22STCV25696 Settlement –  $500,000

Judge

Lawrence P. Riff

Court

Los Angeles County Superior Court


Attorneys

Plaintiff

Norman B. Blumenthal
(Blumenthal, Nordrehaug, Bhowmik & De Blouw LLP)

Kyle R. Nordrehaug
(Blumenthal, Nordrehaug, Bhowmik & De Blouw LLP)

Aparajit Bhowmik
(Blumenthal, Nordrehaug, Bhowmik & De Blouw LLP)

Christine T. LeVu
(Blumenthal, Nordrehaug, Bhowmik & De Blouw LLP)


Defendant

Zachary P. Hutton
(Paul Hastings LLP)

Anna M. Skaggs
(Paul Hastings LLP)


Facts

On August 9, 2022, Abel Young sued his former employer TABC Inc. for wage-and-hour and Private Attorneys General Act violations. He sought to represent employees who worked for defendant from August 9, 2018 through April 7, 2023.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiffs contended that defendant violated several wage-and-hour laws, including claims that defendant failed to pay all wages due, minimum wages, overtime wages, and paid sick leave; provide meal and rest periods; pay meal and rest period premiums at the regular rate of pay; record meal periods; reimburse necessary business expenses; furnish accurate itemized wage statements; or pay all wages due to discharged and quitting employees. Specifically, for example, plaintiff asserted that defendant owed unpaid wages due to the miscalculation of the regular rate for meal premiums and sick pay, plus, for off-the-clock work due to COVID health screenings at 5 minutes per shift.

DEFENDANT'S CONTENTIONS: Defendant denied all contentions.

Settlement Discussions

The parties participated in an all-day mediation presided over by Louis Marlin, a respected and experienced mediator of wage and hour class actions, and the settlement agreement was finalized and executed from February to April 2023.

Result

The case settled for $500,000. As part of the settlement, plaintiff was to release all claims against, not just TABC, but also its subsidiaries and affiliated entities, including Toyota Motor North America.


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