Case details

Class claimed company violated Labor Code

SUMMARY

$1100000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
FACTS
Plaintiff Tamara Micciche, a non-exempt sales employee, claimed that her employer, Schneider Electric SA, engaged in wage and hour violations. Micciche, acting on behalf of herself and a class of other similarly situated non-exempt employees of a Schneider Electric SA unit, alleged that their employer violated California’s Labor Code and the Fair Labor Standards Act. Thus, Micciche initially brought a class action suit against Schneider Electric, but as discovery unfolded, it was determined that American Power Conversion was the actual employer and erroneously sued as Schneider Electric. As a result, Schneider Electric was let out of the case and the lawsuit was amended to include American Power Conversion. The class claimed that their employer engaged in wage and hour violations, including failures to pay straight and overtime wages, provide required meal and rest breaks, and reimburse business expenses, as well as other related claims. American Power contended that its pay practices and policies were lawful. It’s counsel contended that individualized issues predominated over common facts and that the matter was not suitable for class treatment., The class sought recovery of unpaid straight and overtime wages, and premium wages for each missed rest period and/or meal period pursuant to California Labor Code § 226.7. It also sought a late-pay penalty equal to 30 days of wages at eight hours per day as a result of the defendant’s alleged failure to timely pay all wages when due upon Micciche’s, and other similarly situated class members’, terminations. The class also sought restitution of all unpaid wages pursuant to California Business & Professions Code § 17200, et. seq. Finally, the class sought recovery of attorney fees, costs, and interest on all due and unpaid wages.
COURT
United States District Court, Central District, Santa Ana, CA

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