In Villacres v ABM Industries, Inc, a security guard had accepted a settlement payment as part of the resolution of an earlier class action lawsuit against his employer for unpaid overtime and penalties. In the earlier action, the employer paid up to $2.5 million (including $730,000 in penalties) to the class, including Villacres, in return for a release. Two days after dismissal of the class action lawsuit, Villacres filed his individual lawsuit seeking penalties for the employer's alleged failure to timely pay overtime, furnish complete wage statements, provide meal and rest breaks, and reimburse business expenses (claims that were not expressly pled in the class action lawsuit). Rejecting the new claims, the court held that the earlier release prevented Villacres from litigating not only those claims that were actually raised in the class action lawsuit, but also claims that could have been raised in the prior lawsuit. The court explained that a class member may not bring a second action solely to recover greater or different penalties. As the court pointed out, not only did Villacres accept the settlement payment, he neither objected to the settlement nor did he opt out of the class action in order to preserve his ability to pursue his individual claims.