David Melgoza, individually, and on behalf of all others similarly situated v. Ecology Recycling Services LLC, and Does 1 through 10, inclusive
Published: Aug. 30, 2024 | Result Date: Apr. 22, 2024 | Filing Date: Aug. 9, 2022 |Case number: CIVSB2217232 Settlement – $900,000
Judge
Court
San Bernardino County Superior Court
Attorneys
Plaintiff
Scott E. Wheeler
(Law Office of Scott E. Wheeler)
Justin A. Wheeler
(Law Office of Scott E. Wheeler)
Defendant
Daniel S. Smith
(Jackson Lewis PC)
Facts
From July 24, 2017 through September 22, 2023, David Melgoza worked for Ecology Recycling Services LLC. On August 9, 2022, Melgoza filed a wage-and-hour class and representative complaint in San Bernardino Superior, seeking to represent non-exempt, hourly employees who worked from August 9, 2018 to December 19, 2023. He later amended his complaint to include a claim for civil penalties under the Private Attorneys General Act.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff asserted violations related to: meal periods; rest breaks; overtime; wage timeliness; final pay; maintenance of required records; accurate, itemized statements; and reimbursements.
DEFENDANT'S CONTENTIONS: Defendant denied all material contentions.
Settlement Discussions
On September 20, 2023, the parties engaged in mediation with Tripper Ortman, and a mediator's proposal was accepted with the long-form Settlement Agreement being entered by late October 2023.
Result
Though defendant admitted no wrongdoing or liability, it agreed to pay $900,000 to settle class members' and PAGA claims.
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