Jorge Montes aka Jorge Montes Silva v. AG Construction aka "AG Construction Inc." and Does 1 through 5, inclusive
Published: Aug. 2, 2024 | Result Date: Apr. 17, 2023 | Filing Date: Oct. 26, 2020 |Case number: 20STCV41061 Settlement – $940,000
Judge
Court
Los Angeles County Superior Court
Attorneys
Plaintiff
Christopher J. Hamner
(Hamner Law Offices APLC)
Jose R. Garay
(Jose Garay APLC)
Defendant
Evelyn E. Zarraga
(Landegger, Verano & Davis, ALC)
Facts
On October 26, 2020, Jorge Montes sued his former employer A G Construction in Los Angeles Superior for wage-and-hour violations. Plaintiff, who had worked as an hourly cement worker for defendant sought to represent hourly construction workers who working for defendant from October 26, 2016 until judgment of the case.
Contentions
PLAINTIFF'S CONTENTIONS: Generally, plaintiff asserted claims for unpaid wages, unpaid overtime, missed meals and breaks plus Private Attorneys General Act penalties. Specifically, plaintiff alleged that while working for defendant, he was not regularly provided the opportunity to take timely and uncontrolled meal periods and rest breaks. He was also not provided the opportunity to take meal breaks at least two to three times per week. Moreover, plaintiff argued that he infrequently was able to take timely, and uninterrupted rest periods. As defendant's policies and practices resulted in a failure to pay all wages and overtime due for compensable work time during when plaintiff remained subject to defendant's control, plaintiff alleged violations of several Labor Code violations.
DEFENDANT'S CONTENTIONS: Defendant denied plaintiff's allegations.
Result
The parties settled for $490,000 with $161,700 apportioned for attorneys' fees and $10,901.20 for litigation expenses.
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