This action alleges Defendants: (1) failed to pay employees overtime pay; (2) failed to timely pay employees for all hours worked and to timely pay all wages due on termination; (3) failed to pay employees compensation for work without meal and rest periods; (4) failed to reimburse Plaintiff and those similarly situated for the maintenance and/or purchase of the uniforms Defendants required Plaintiff and those similarly situated to wear while at work; (5) collected and took parts of gratuities paid, given to, or left for employees; and, (6) failed to provide accurate wage statements to employees as required by law.
On August 12, 2013, Plaintiff filed a motion seeking certification of a class consisting of all persons employed in California by Kokkari and paid on an hourly basis between October 26, 2008 and the present. On December 17, 2013, the trial court entered its order denying Plaintiff’s motion. On March 6, 2015, the court of appeal affirmed the trial court. The claims that now remain are Plaintiff’s individual claims and the PAGA cause of action, the only remaining collective claim.
The Parties have reached a settlement which resolves litigation over Plaintiff’s individual claims against Defendants and the collective PAGA claim on behalf of himself and all non-exempt persons, the other aggrieved employees, who worked for Kokkari Ltd. at any time from October 27, 2011 to the date this Court approves the Settlement, except for those employees who received payments pursuant to Defendant’s Individual Settlement Program.
A hearing is set for a motion requesting approval of the Settlement for April 18, 2016, at 9:30 a.m. in Dept. 302 of the San Francisco Superior Court.