The Lawsuit is a class action and representative action, meaning a lawsuit where the claims and rights of many people are decided in a single court proceeding.
Lawsuit was commenced on May 24, 2019 as a class action and representative action on behalf of employees of Melo Dairy through filing a complaint against Melo Dairy in Torres v. Melo Dairy, et al. in the Superior Court of California, County of Kern, Case No. BCV-19-101450. representative action was brought under the California Private Attorney General Act (PAGA).
The Lawsuit alleges various wage and hour claims on behalf of the named Plaintiff, Mr. Torres, and on behalf of other current and former employees of Melo Dairy who were employed by Melo Dairy in California and were paid by Melo Dairy any time between May 24, 2015 and February 3, 2021. Specifically, the Lawsuit alleges Melo Dairy failed to pay minimum wages and overtime wages, failed to provide meal periods and rest periods or pay the premium pay for missed meal and rest periods, failed to pay all wages upon termination and/or resignation, violated California’s Business and Professions Code section 17200 et seq., and seeks representative action treatment and penalties under PAGA.
Melo Dairy denies the allegations. Melo Dairy expressly denies any and all charges of wrongdoing or liability arising out of the alleged acts, omissions, facts, matters, transactions, or occurrences alleged, or that could have been alleged, in the Lawsuit. Melo Dairy contends that it has complied with applicable state and federal laws, including but not limited to paying its non-exempt hourly employees all wages and reimbursements due, issuing accurate, itemized wage statements, timely paying its non-exempt employees all wages owed upon termination.
Accordingly, Plaintiff and Melo Dairy have agreed to settle the Lawsuit, subject to Court approval, upon the terms set forth in the Stipulation for Class Action Settlement and Release (the “Stipulation” or “Settlement Agreement”). The Settlement is a compromise. Melo Dairy, by settling the Lawsuit, does not admit, concede or imply any fault, wrongdoing, or liability.