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Employment Law
Wage and Hour

Gennifer Manzo, individually and on behalf of all other similarly situated v. McDonald's Restaurants of California Inc., and Does 1 through 50, inclusive

Published: Feb. 11, 2022 | Result Date: Jan. 20, 2022 | Filing Date: Aug. 19, 2020 |

Case number: 1:20-cv-01175-HBK Settlement –  $2,000,000

Judge

Helena M. Barch-Kuchta

Court

USDC Eastern District of California


Attorneys

Plaintiff

Larry W. Lee
(Diversity Law Group PC)

Dennis S. Hyun
(Hyun Legal APC)

Edward W. Choi
(Law Offices of Choi & Associates PC)

William L. Marder
(Polaris Law Group LLP)


Defendant

Kelsey A. Israel-Trummel
(Jones Day)

Cindi L. Ritchey
(Jones Day)


Facts

Gennifer Manzo began working for McDonald's Restaurants of California, Inc. in August 2014 at a McDonald's fast food restaurant in Clovis, California. During her employment, Manzo worked as a non-exempt shift manager. In August 2020, Manzo filed a class action lawsuit against McDonald's on behalf of herself and on behalf of all others similarly situated.

Contentions

PLAINTIFFS' CONTENTIONS: Plaintiff contended that defendant failed to provide accurate itemized wage statements as required by law because its wage statements did not identify the overtime rate as 1.5 times the regular rate of pay and failed to properly identify the appropriate rate and hours for certain payments.

DEFENDANT'S CONTENTIONS: Defendant denied any wrongdoing and all of plaintiff's material allegations.

Result

A settlement was reached wherein McDonald's admitted no wrongdoing but will pay $2 million for class members' claims. Included in that amount is a service award of up to $10,000 to Manzo as lead plaintiff and attorneys' fees of up to one-third of the total settlement amount. The settlement amount also includes $100,000 for penalties under the Private Attorneys General Act and up to $30,000 for administration costs.


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