California Employment Law Class-Action Settlement Awarded Preliminary Approval

Sacramento, CAA settlement agreement resolving a California labor law class action was quietly awarded preliminary approval at the end of February, yet another step in the provision of relief for class members alleged to have been denied meal periods and rest breaks that are mandated by the California labor code.

The defendants in the California and labor law class action are Sprint Corporation, Sprint Communications Company LP, and Sprint/United Management Co. Plaintiff Viet Bui originally brought the lawsuit in Sacramento County Superior Court on July 10, 2014, with an amended complaint about two months later, on September 4 of that year. A subsequent amendment was approved by the Court on May 26, 2015 concerning the addition of co-complainant Christina Avalos-Reyes, who was added to the complaint two days later.

Various violations to California labor employment law were cited in the complaint. Among them, failure to provide meal periods in violation of Sections 226.7 and 512 of the California Labor Code, failure to provide rest breaks, and failure to provide wages and related overtime pay compensation in violation of Sections 1194 and 1198 of the California Labor Code.

It has also been alleged that the defendant underpaid overtime wages in violation of the California Labor Code and the Industrial Welfare Commission Wage Order Section 3, and failed to reimburse qualifying employees for expenses associated with their duties in violation of Sections 2802 and 406-407 of the California Labor Code.

Allegations made in the California labor lawsuit also included the failure to pay wages twice monthly in violation of Section 204 of the California Labor Code, together with an alleged failure to pay all wages due upon ceasing employment, in violation of the related statutes.

The plaintiffs also accused Sprint of unlawful business practices.

California and labor law holds that qualifying employees are granted sufficient rest breaks and a meal period in order to help maintain a healthy work environment with proper rest and nutrition. Regulations also require an employer to pay all wages, including overtime wages for hours worked beyond a daily and weekly maximum, and to keep proper records of wages paid.

The parties in this lawsuit filed a motion for preliminary approval of a settlement May 18 of last year. On February 23, that preliminary approval was granted by District Judge Troy L. Nunley of the US District Court for the Eastern District of California.

The settlement, which must still achieve final approval, has not been disclosed.

However, the California labor law settlement - once approved - will benefit the plaintiffs and no fewer than 11 subclasses of telecommunications workers employed currently, or at one time by Sprint.

The case is Viet Bui and Christina Avalos-Reyes et al v. Sprint Corporation et al, Case No. 2:14-cv-02461-TLN-AC, US District Court, Eastern District of California.