Facts

Plaintiff Jose Carrillo worked for defendant New Balance Athletics, Inc. as an hourly non-exempt employee in one of defendant's outlet stores located in Gilroy, California. Plaintiff filed a class action lawsuit against defendant alleging wage and hour labor code violations.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant violated Labor Code Sections 510, 558 and 1194 by failing to properly compensate plaintiff for overtime pay. Plaintiff also contended that defendant violated Labor Code Section 226 by failing to provide plaintiff accurate wage statements.

DEFENDANT'S CONTENTIONS: Defendant denied plaintiff's contentions.

Result

The parties agreed to a non-reversionary gross settlement in the amount of $350,000. Plaintiff's attorney will be awarded $116,666.67 for attorney's fees and $20,000 for litigation costs. Moreover, $9,000 of the gross settlement will be paid as administration costs. and $10,000 will be allocated as Private Attorney General Act penalties, to which 75 percent will be allocated to the Labor & Workforce Development Agency. The plaintiff class representative will receive an enhancement award of $10,000. Each class member will be awarded approximately $667.26 assuming there are 280 class members or $413.35 assuming there are 452 class members.