Ma v. Covidien. About the Case

This blog is for informational purposes about a pending California class action lawsuit and how you can participate if interested.

Plaintiff VAN BA MA (“Ma” or “Plaintiff”) is a former non-exempt employee of Defendant COVIDIEN, LP , Tyco Healthcare Group, LP, Covidien Holdings, Inc., EV3 International, Inc., and Micro Therapeutics, Inc. (“Covidien”) at the Irvine, California location. Tyco Healthcare Group, LP was recently renamed as Covidien.  In or around July 2010, Covidien (then known as Tyco Healthcare Group, LP) acquired EV3, Inc. Both Micro Therapeutics, Inc. and EV3 Inc. were subsidiaries of EV3 International. On September 28, 2012, Mr. Ma filed this class action on behalf of himself and all others similarly situated for: (1) failure to provide meal periods; (2) failure to provide rest periods; (3) failure to provide proper itemized statements; (4) failure to pay wages twice monthly; (5) failure to pay wages for hours worked; (6) failure to pay wages upon termination of employment; (7) unlawful competition and unlawful business practices; and (8) violation of the Private Attorneys General Act of 2004. Defendants answered Plaintiff’s Complaint on December 11, 2012. Thereafter, on December 12, 2012, Defendants removed the matter to the United States District Court for the Central District under the Class Action Fairness Act (“CAFA”).

This case involves approximately 1,000 employees that are employed, or formerly employed by Defendants. 

For at least four years prior to the filing of this action and through to the present, Defendants consistently maintained and enforced against Defendants’ non-exempt employees, among others, the following unlawful practices and policies, in violation of California state wage and hour laws:  Plaintiff alleges that Defendant has had a consistent policy of:

(a) requiring employees to work more than eight (8) hours in any given day and/or more than forty (40) hours in any given week, and not pay overtime compensation;

(b) requiring Class Members within the State of California, including Plaintiff, to work at least five (5) hours without a lawful meal period or adding a meal period punch where none existed and failing to pay such employees one (1) hour of pay at the employees’ regular rate of compensation for each workday that the meal period is not provided;

(c) failing to provide Class Members within the State of California, including Plaintiff, rest periods of at least (10) minutes per four (4) hours worked or major fraction thereof and failing to pay such employees one (1) hour of pay at the employees regular rate of compensation for each workday that the rest period is not provided

(d) With respect to Class Members who either were discharged, laid off, or resigned, Defendants failed to pay them in accordance with the requirements of Labor Code sections 201, 202, 203; and

(e) Defendants failed to maintain accurate records of Class Members’ earned wages and work periods.

This blog is for informational purposes about the class action lawsuit and how you can participate if interested.

We are looking for other employees who experienced similar mistreatment or former employees or former managers who have information regarding this conduct. If you would like a copy of the Complaint or have any questions regarding this case please contact:

RICHARD E. QUINTILONE II, ESQ.

Quintilone & Associates

22974 El Toro Road, Suite 100

Lake Forest, CA 92630-4961

Telephone: 949.458.9675

Facsimile: 949.458.9679

Email: req@quintlaw.com

Fernando Guzman

Legal Assistant - Hablo Espanol

Email: fxg@quintlaw.com 

Web: www.quintlaw.com

John D. Trieu, esq.
Law Offices Of John D. Trieu,  APC
9211 Bolsa Ave., Suite 222
Westminster, CA 92683
Telephone:  714.892.2154 - Chúng tôi nói tiếng Việt 
Facsimile  714.893.6710
Email john@trieulaw.com  
www.trieulaw.com

PLEASE BE ADVISED THAT COVIDIEN AND ALL CALIFORNIA EMPLOYERS ARE STRICTLY PROHIBITED FROM RETALIATING AGAINST EMPLOYEES FOR PARTICIPATING IN OUR INVESTIGATION.

If you feel that you or other workers have been subjected to retaliation or intimidation, please contact us or the California Department of Industrial Relations, Division of Labor Standards Enforcement immediately. See http://www.dir.ca.gov/dlse/

Please contact us at the phone number or email address above so we may continue our investigation of the allegations in this case.