Judge: William D. Claster, Case: 21-01195342, Date: 2022-08-19 Tentative Ruling
Plaintiff Leticia
Sanchez's Motion for Order Approving Settlement Under California Labor Code
Section 2699 Et Seq ROA # 60
Plaintiff’s motion for approval
of PAGA settlement is CONTINUED to October 7, 2022 at 9:00 a.m. in Department
CX104 to permit the parties to respond to the following items of concern.
Any supplemental briefing shall be filed on or before September 28, 2022. If
a revised settlement agreement and/or proposed notice is submitted, a redline
version showing all changes, deletions and additions must be submitted as
well. In addition, Plaintiff must provide proof of service of any revised
settlement agreement and supplemental papers on the LWDA.
- Are there any other
matters—individual, class, or PAGA (whether pending in court or in the
pre-filing LWDA stage)—that may be affected by this settlement?
- Please provide a copy of the
administrator’s bid.
- Counsel values the waiting time violation
at approximately $268,000, based on 30 days’ worth of wages at $14/hour
for 80 employees. As the Court understands waiting time penalties,
employees have a substantive right to collect them, unlike PAGA
penalties, which belong to the State. Is this settlement meant to
extinguish any claims employees might bring in their own names for
waiting time penalties?
- It appears no draft notice was filed
with the moving papers. Please provide a draft notice for the Court’s
review. In addition, should notice be given in any languages other than
English?