James Stevens, Herman Cortez on behalf of themselves and others similarly situated v. Safeway Inc., Vons Cos. Inc., Pak N' Save Inc.
Published: Dec. 13, 2008 | Result Date: Feb. 25, 2008 | Filing Date: Jan. 1, 1900 |Case number: 05-01988 Settlement – $2,100,000
Court
USDC Central
Attorneys
Plaintiff
Mike Arias
(Arias Sanguinetti Wang & Team LLP)
Jason E. Barsanti
(Cozen O'Connor)
Mark A. Ozzello
(Capstone Law APC)
H. Scott Leviant
(Moon & Yang, APC)
Defendant
Jeffrey K. Brown
(Payne & Fears LLP)
John T. Egley
(Call & Jensen APC)
Jeffrey K. Brown
(Payne & Fears LLP)
Facts
Plaintiff class are employed by defendant Safeway, Inc. and filed suit against Safeway and other business entities alleging unlawful employment practices.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs claimed that defendants attempted to persuade employees to work off the clock, and tampered with timecards so to avoid paying wages as well as threatened employees with termination and disciplinary action should they tell anyone they were working off the clock. Plaintiffs further claimed that Safeway did not provide overtime compensation or meal and rest breaks.
DEFENDANTS' CONTENTIONS:
Defendants denied all allegations. Defendants claimed that plaintiffs, union-represented retail clerks, made no compliant or grievance concerning the alleged employment practices. Employees are trained and required to report all time worked and are not pressured to work off the clock or denied pay for time worked. Defendants further contended that they did not improperly alter timecards, nor were employees threatened in any way. Defendants obtained partial summary judgment against some of plaintiffs' claims.
Result
Parties reached a $2.1 million settlement, out of which $20,000 will be given to James Stevens and $10,000 to Herman Cortez as incentive payments. Settlement approval granted Feb. 25, 2008. Eligible employees will be awarded $100 along with a pro-rata share of any remaining amount based on the number of worksheets dated after June 18, 2003, for which the employee worked 30 hours or more for any of the defendants.
Other Information
FILING DATE: March 18, 2005.
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