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Home Verdicts Employment (SB) REST PERIOD CLAIMS DENIED, MEAL BREAK CLAIMS ALLOWED/$135,190 (September 2010)
REST PERIOD CLAIMS DENIED, MEAL BREAK CLAIMS ALLOWED/$135,190 (September 2010)

# 1267655, Mark Helton et al. v. Exxonmobil Corporation, filed 5/2/08

Plaintiff’s Attorney: James H. Cordes

Defendant’s Attorney: Jeffrey A. Dinkin

Verdict: $135,190.00                                              Court Trial Dept. 3

Plaintiffs who worked on oil rigs sued for economic losses claiming rest and meal period breaks were not provided by Defendant during their 10 and 12 hour shifts. The four Plaintiffs had opted out of a class-action settlement reached at mediation electing to litigate their individual claims.  The Court granted Plaintiffs’ summary adjudication as to the meal period claim, amounting to $135,190 for all four employees.  In the trial decision on the rest period claim, the Court found that there was no showing that Plaintiffs were prevented from taking 15 minute rest periods under wage order #1(8CRC 11010).  The Court also found that having radios on while working did not preclude the Plaintiffs from having their uninterrupted rest periods. On post-trial motion, court awarded Plaintiffs attorneys' fees totaling $222,720.00 and costs of $2,724.00.

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