Andrade

Andrade v. Arby's Restaurant Group, Inc.

Good Law

225 F. Supp. 3d 1115·2016 WL 7211141·2016 U.S. Dist. LEXIS 172319

United States District Court, Northern District of CaliforniaDecember 13, 2016Case No. 15-cv-03175 NCCalifornia11,437 words

Opinion

Lead Opinion

Cousins, J.

ORDER GRANTING IN PART, DENYING IN PART, PLAINTIFF AN-DRADE’S MOTION FOR DEFAULT JUDGMENT AGAINST ALTAMIRA CORPORATION

Plaintiff Miriam Andrade moves for default judgment against her former employer, Altamira Corporation. Dkt. No. 87. An-drade alleges various federal and state Labor Code violations by Altamira. She also alleges that Altamira should be liable for sexual harassment committed against her by her supervisor Pedro Mota. Based on Altamira’s failure to defend itself against the motion, the Court finds default judgment against Altamira is proper.

The Court finds Altamira liable for An-drade’s claims of (1) sexual harassment in violation of the California Fair Employment and Housing Act (“FEHA”), (2) sexual battery; (3) assault; (4) failure to pay wages in violation of the California Labor Code and federal Fair Labor Standards Act (“FLSA”), (5) liquidated damages under the FLSA and Labor Code, (6) failure to provide uninterrupted meal breaks in violation of the Labor Code and Industrial Welfare Commission (“IWC”) wage orders, (7) waiting time penalties under the Labor Code, (8) failure to provide accurate wage statement under the Labor Code, (9) penalties for the…

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