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We have also been involved in various litigation, including purported class or representative actions with respect to matters arising under the U.S.
−Removed: Fair Labor Standards Act, California Labor Code and Private Attorneys General Act.
+Added: Fair Labor Standards Act, California’s Labor Code (the “Labor Code”) and California’s Labor Code Private Attorneys General Act (“PAGA”).
Many involve allegations for allegedly failing to pay wages and/or overtime, failing to provide meal and rest breaks and failing to pay reporting time pay, waiting time penalties and other penalties.
−Removed: A former employee filed a complaint in California Superior Court, Santa Clara County in July 2017, which seeks civil damages and penalties on behalf of the plaintiff and similarly situated persons for various alleged wage and hour violations under the California Labor Code, including failure to pay wages and/or overtime, failure to provide meal and rest breaks, failure to pay reporting time pay, waiting time penalties and penalties pursuant to California’s Private Attorneys General Act.
+Added: A former employee filed a complaint in California Superior Court, Santa Clara County in July 2017, which seeks civil damages and penalties on behalf of the plaintiff and similarly situated persons for various alleged wage and hour violations under the Labor Code, including failure to pay wages and/or overtime, failure to provide meal and rest breaks, failure to pay reporting time pay, waiting time penalties and penalties pursuant to PAGA.
We filed a motion for summary judgment.
−Removed: The court granted our motion for summary judgment in March 2020, and plaintiff filed an appeal of the court’s ruling in May 2020.
+Added: The court granted our motion for summary judgment in March 2020, and the plaintiff filed an appeal of the court’s ruling in May 2020.
We have retained outside counsel to represent us and intend to vigorously defend our interests in this matter.
−Removed: A former employee filed a complaint in California Superior Court, Orange County in September 2019, which seeks damages, penalties and injunctive relief on behalf of the plaintiff and similarly situated persons for various alleged wage and hour violations under the California Labor Code, including failure to pay wages and/or overtime, failure to provide meal and rest breaks, failure to reimburse employee expenses, failure to pay reporting time pay, failure to comply with wage statement requirements, waiting time penalties, violations of California law regarding post-employment nonsolicitation agreements and violations of California’s unfair competition law.
−Removed: In November 2019, the former employee filed a first amended complaint adding a claim for civil penalties on behalf of the plaintiff and similarly situated persons pursuant to California’s Private Attorneys General Act (“PAGA”) based on the preceding allegations.
+Added: A former employee filed a complaint in California Superior Court, Orange County in September 2019, which seeks damages, penalties and injunctive relief on behalf of the plaintiff and similarly situated persons for various alleged wage and hour violations under the Labor Code, including failure to pay wages and/or overtime, failure to provide meal and rest breaks, failure to reimburse employee expenses, failure to pay reporting time pay, failure to comply with wage statement requirements, waiting time penalties, violations of California law regarding post-employment nonsolicitation agreements and violations of California’s unfair competition law.
+Added: In November 2019, the former employee filed a first amended complaint adding a claim for civil penalties on behalf of the plaintiff and similarly situated persons pursuant to PAGA based on the preceding allegations.
Plaintiff’s counsel requested dismissal of the class and individual claims so that only the PAGA claim will remain, and the court granted such action.
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Commitments and Contingencies ”
−Removed: in this Quarterly Report and “
Risk Factors —
Risks Related to the Company’s Business and Industry ”
−Removed: in our Annual Report on Form 10-K/A for the year ended December 31, 2020.
+Added: in this Quarterly Report.
USAO and FBI Voluntary Disclosure and Investigation Related to Take 5
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We intend to cooperate in this and any other governmental investigation that may arise in connection with the Take 5 Matter.
−Removed: At this time, we cannot
−Removed: predict the ultimate outcome of any investigation related to the Take 5 Matter and are unable to estimate the potential impact such an investigation may have on us.
+Added: At this time, we cannot predict the ultimate outcome of any investigation related to the Take 5 Matter and are unable to estimate the potential impact such an investigation may have on us.
Arbitration Proceedings Related to Take 5
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We are currently unable to estimate the potential impact related to these arbitration proceedings, but we have retained outside counsel to represent us in these matters and are vigorously pursuing our interests.
−Removed: The arbitration hearing for this matter is currently scheduled for the first quarter of 2022.
+Added: The arbitration hearing for this matter commenced in the first quarter of 2022 and re-commenced during the second quarter of 2022;
+Added: however, the Company does not know when the Company will receive a decision from the arbitrator.
Other Legal Matters Related to Take 5
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Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.