Facts

Eva Sharp filed a class action lawsuit against Safeway Inc. in relation to Safeway's treatment of food clerk checkers at front end checkstands.

PLAINTIFF'S CONTENTIONS: Sharp alleged that Safeway employees who worked as food clerk checkers at front end checkstands at Safeway stores could have used seats due to the nature of their work, but Safeway did not provide them seats for their work. Sharp contended that Safeway's failure to provide seats constituted a violation of California Wage Order 7-2001, Section 14(A).

DEFENDANT'S CONTENTIONS: Safeway contended that it did not violate the suitable seating regulation and alleged that the nature of the work performed by food clerk checkers did not reasonably permit the use of seats.

Result

Safeway agreed to pay $12 million to settle Sharp's claims. From that sum, Safeway agreed to pay the State of California approximately $5.627 million, the aggrieved employees approximately $1.875 million, attorney's fees not to exceed $4.2 million, litigation costs not to exceed $200,000, a $20,000 incentive award to Sharp, and settlement administration costs not to exceed $77,500.