Jeffrey Lapan, Ashwin Chandra, Claudia Bleus, on behalf of themselves and all others similarly situated v. PVH Corp., Tommy Hilfiger Retail, LLC; PVH Retail Stores LLC; PVH Wholesale New Jersey Inc.; PVH Neckwear Inc.; PVH Wholesale Corp.; PVH Puerto Rico Inc.; Calvin Klein Inc.; Tommy Hilfiger USA Inc.; PVH Guam Inc.; Warnaco Inc.; Warnaco U.S. In
Published: Dec. 12, 2015 | Result Date: Aug. 7, 2015 | Filing Date: Jan. 1, 1900 |Case number: 5:13-cv-05006-LHK Settlement – $725,000
Court
USDC Northern
Attorneys
Plaintiff
Edward J. Wynne
(Wynne Law Firm)
John E.B. Pickett
(Wynne Law Firm)
Defendant
Dean Hansell
(Los Angeles Court Superior Court)
Facts
Jeffrey Lapan, Ashwin Chandra and Claudia Bleus brought a class action on behalf of themselves and other current and former employees of apparel company PVH Retail Stores LLC and affiliated companies.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that defendants paid them through a payroll card program and charged fees, resulting in plaintiffs not receiving their wages free and clear from unlawful deductions. They also contended that some plaintiffs did not receive their statutory minimum wage, overtime compensation, or weren't properly paid their final wages at time of termination.
Plaintiffs asserted claims of common law breach of contract, violations of the Fair Labor Standards Act, minimum wage violations, and overtime wage violations, violations of the California Labor Code, violations of California Unfair Competition Law, waiting time penalties and conversion.
DEFENDANTS' CONTENTIONS:
Defendants contended, among other things that the use of the payroll card program was lawful, that none of the alleged fees were charged by defendants, defendants received no benefit from them fees, and the plaintiffs were carefully instructed how to use the pay card program in a way to avoid incurring fees.
Result
Defendants agreed to settle the class action for $725,000.
Other Information
FILING DATE: Oct. 25, 2013.
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