Rose Provencio, on behalf of herself and all others similarly situated v. Too Faced Cosmetics LLC, and Does 1 through 50, inclusive
Published: Sep. 4, 2020 | Result Date: Jul. 17, 2020 | Filing Date: Oct. 23, 2018 |Case number: 18CV336593 Settlement – $500,000
Judge
Court
Santa Clara County Superior Court
Attorneys
Plaintiff
Kevin R. Allen
(Allen Attorney Group)
Defendant
Caroline P. Donelan
(Blank Rome LLP)
Caitlin I. Sanders
(Blank Rome LLP)
Facts
Plaintiff Rose Provencio, a makeup artist, filed a wage-and-hour class action lawsuit against defendant Too Faced Cosmetics, LLC.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiff contended that while working for defendant, she was assigned to work for a Sephora retail location. Plaintiff contended that defendant did not pay plaintiff for travel time or reimburse her for using her personal vehicle when working for Sephora. Defendant also required plaintiffs to wear "Too Faced" branded cosmetics when performing their work; however, plaintiffs were not reimbursed for purchasing "Too Faced" makeup. Plaintiffs contended that defendant misclassified plaintiffs as independent contractors, failed to pay plaintiffs overtime pay, failed to compensate for missed meal and rest breaks, and failed to pay business expenditures.
DEFENDANTS' CONTENTIONS: Defendant denied plaintiffs' contentions.
Result
The parties agreed to settle for $500,000, including $165,000 in attorney's fees, $9,311.85 in litigation costs, $7,500 as an incentive award, $20,000 for PAGA and $5,999 as settlement administration costs.
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