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Employment Law
Fair Labor Standards Act
Violation of California Industrial Welfare Commission Wage Order

George Gallardo, et al, individually and on behalf of all others similarly situated v. AT&T Mobility LLC, a limited liability corporation, and Does 1 through 50, inclusive

Published: May 24, 2014 | Result Date: Apr. 29, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 4:11-cv-04749-CW Settlement –  $1,050,000

Court

USDC Northern


Attorneys

Plaintiff

Miles E. Locker
(Division of Labor Standards Enforcement)

Roberta D. Perkins
(Weinberg, Roger & Rosenfeld)

David A. Rosenfeld
(Weinberg, Roger & Rosenfeld PC)


Defendant

Michael D. Mandel
(McGuire Woods LLP)

Sylvia J. Kim
(Baker & Hostetler LLP)

Matthew C. Kane
(Baker & Hostetler LLP)


Facts

George Gallardo filed a class action against AT&T Mobility LLC for labor code violations.

Contentions

PLAINTIFF'S CONTENTIONS:
Gallardo was an employee of AT&T Mobility at one of its Pasadena stores. He claimed that after a merger in 2007, AT&T stores were redesigned and all seating was removed. AT&T refused to provide seating for its retail employees, even though there was nothing about the job that required the employees to remain standing at all times.

Based on this, Gallardo asserted causes of action for violation of the Labor Code, and injunctive relief.

DEFENDANT'S CONTENTIONS:
AT&T denied Gallardo's allegations and asserted various affirmative defenses.

Result

The parties settled for $1,050,000.


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