Alexis Notestine, an individual, and as a proxy for the State of California v. McDonald's Corporation, McDonald's Restaurant of California Inc., and Does 1 through 5, inclusive
Published: Jun. 12, 2020 | Result Date: Mar. 17, 2020 | Filing Date: Jul. 26, 2018 |Case number: 18CECG02792 Settlement – $55,000
Judge
Court
Fresno County Superior Court
Attorneys
Plaintiff
Monrae L. English
(Wild, Carter & Tipton APC)
Defendant
Cindi L. Ritchey
(Jones Day)
Facts
Alexis Notestine worked as a crew member at a McDonald's restaurant in Fresno. Alexis worked for McDonald's for approximately one year before filing a PAGA claim against the company.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs contended that defendants violated Labor Code Section 226(a)(8) by producing inaccurate wage statements by failing to include "McDonald's Corporation" on issued checks. Plaintiffs further contended that defendants' inaccurate wage statements calculated rounded instead of actual hours worked, also in violation of Section 226(a)(8).
DEFENDANTS' CONTENTIONS: Defendants denied the contentions.
Result
The parties settled for $55,000. The court approved the settlement because although PAGA settlements that leave aggrieved plaintiffs with no recovery are typically impermissible, the approved settlement agreement contained no waiver or release on behalf of other aggrieved employees.
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