Ozga v. U.S. Remodelers Inc.
Berger Montague represented a class of approximately 270 current and former California employees working as installers who alleged they were not paid for the all time they worked, were denied meal periods and were not reimbursed for business expenses by their employer, U.S. Remodelers, Inc. The suit alleged U.S. Remodelers violated the California Labor Code and California Industrial Welfare Commission Wage Orders.
The parties agreed to a settlement of $1.8 million, none of which reverted to the Defendant.
The lawsuit was originally filed in state court before being removed to federal court. The plaintiffs had sought to remand the case back to state court, but U.S. Remodelers alleged the federal court had jurisdiction under the Class Action Fairness Act. These motions were never decided before settlement.
The case is Ozga v. U.S. Remodelers Inc., No. 09-5112, in the U.S. District Court for the Northern District of California.