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Employment Law
Fair Labor Standards Act
Wage and Hour

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)

Suzelle M. Smith

Stephen M. Garcia
(Garcia & Artigliere)

Don Howarth

Archibald M. Smith


Defendant

Malcolm A. Heinicke
(Munger, Tolles & Olson LLP)

Marja-Liisa Overbeck
(Munger, Tolles & Olson LLP)

Jeffrey M. Osofsky


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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