Featured Employment Litigation Verdict: Employer Settles Labor Code Violation Case for $4.55M

Case No. 5:17-cv-00390 – Sergio Galicia Gonzalez et al v. BMC West, LLC et al

Plaintiffs alleged that their employer, the Defendant, violated California’s wage and hour laws by, among other things, failing to pay all minimum, regular and overtime wages owed to Plaintiffs as well as failing to provide legally required meal breaks to Plaintiffs. Plaintiffs also filed a separate action under California’s Private Attorney General Act (PAGA). Plaintiffs relied, in part, on California Labor Code Section 226.7(c) for the meal break violations. In their complaint, Plaintiffs alleged that Defendant employer would only pay employees based on the hours those employees were scheduled to work rather than the hours those employees actually worked.

The Defendant denied all allegations and stated that there was no intentional violation of the California Labor Code.

The parties eventually settled out of court, through mediation, pursuant to which Defendant employer agreed to pay the sum of $4.55M. Plaintiff class members are to receive approximately $327.74 each of that total settlement.