Setted - Mostajo v. Nationwide Mutual Insurance Company

This action alleges Defendant Nationwide Mutual Insurance Company (“Defendant”): (1) failed to pay Plaintiffs, and those similarly situated California commercial lines claims adjusters, overtime pay in violation of California Labor Code section 1194 and applicable Industrial Welfare Commission Orders; (2) failed to pay Plaintiffs and those similarly situated California commercial lines claims adjusters, wages for all time worked, including accrued vacation time; (3) breached their promise to pay Plaintiffs, and those similarly situated California commercial lines claims adjusters, for all hours worked; (4) failed to pay Plaintiffs and all similarly situated California employees all accrued and vested vacation time in violation of California Labor Code section 227.3; and, (4) failed to provide accurate wage statements to Plaintiffs, and those similarly situated California employees, as required by California Labor Code section 226, in that the wage statements did not include all hours worked, wages earned, or accrued and vested vacation time.

The Court granted class certification of this matter on February 26, 2020, assigning Plaintiffs Marc Mostajo and Elaine Quedens as class representatives and the Workman Law Firm as class counsel.

The subclasses are:

(a) a class of persons employed by Nationwide as commercial lines claims adjusters in California in the four years preceding the original date of filing this lawsuit to the present; and

(b) all former California employees employed by Nationwide in the four years preceding the original date of filing this lawsuit to the present

The parties have reached a settlement of this matter and hearing on preliminary approval is scheduled for July 2022.