Sallie Cwik, individually and on behalf of others similarly situated v. Harvest Management Sub LLC, and Does 1 through 50, inclusive
Published: Nov. 23, 2013 | Result Date: Nov. 1, 2013 | Filing Date: Jan. 1, 1900 |Case number: 2:12-cv-08309-DMG-JC Settlement – $7,500,000
Court
USDC Central
Attorneys
Plaintiff
David M. Medby
(Garcia & Artigliere)
Stephen M. Garcia
(Garcia & Artigliere)
Defendant
Malcolm A. Heinicke
(Munger, Tolles & Olson LLP)
Marja-Liisa Overbeck
(Munger, Tolles & Olson LLP)
Facts
Sallie Cwik filed a class action against Harvest Management Sub LLC, alleging violation of the Fair Labor Standards Act (FLSA).
In 2010, Cwik began working for Harvest as a live-in "Community Co-Manager" at Harvest's senior retirement community in Hermitage, Pennsylvania. She sought to certify a class of persons who were, and are, employed by Harvest nationwide as "Community Co-Managers" who were classified as salaried executive, administrative, and/or professional employees.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that she, and other co-managers, were misclassified by defendant as exempt from overtime pay.
Result
The parties settled their dispute for $7,500,000. Thereafter, U.S. District Judge Dolly M. Gee approved the parties' stipulation and awarded class counsel $1.875 million, plus $25,000 in costs, and $5,000 in incentive award for Cwik.
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