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Employment Law
Wage and Hour
Meal and Rest Periods

Kayla Milligan, and on behalf of all others similarly situated v. CWI Inc. dba Campingworld, and Does 1 through 50, inclusive

Published: Apr. 28, 2023 | Result Date: May 2, 2022 | Filing Date: Jul. 7, 2020 |

Case number: 5:20-cv-01847 Settlement –  $1,500,000

Judge

David S. Cohn

Court

CD CA


Attorneys

Plaintiff

James R. Hawkins
(James Hawkins APLC)

Christina M. Lucio
(James Hawkins APLC)


Defendant

Hovannes G. Nalbandyan
(Littler Mendelson PC)

Laura E. Schneider
(Littler Mendelson PC)

Rebecca M. Aragon
(Littler Mendelson PC)


Facts

CWI, Inc. is a Kentucky corporation with several locations in California that offers sporting equipment, bicycles, and bicycle parts and accessories. Kayla Milligan was employed by CWI from approximately September 2017 through March 2020 as a non-exempt employee. On July 8, 2020, Milligan, on behalf of herself and all others similarly situated, brought a wage and hour class action against CWI, Inc., doing business as Camping World, alleging various Labor Code violations. The class included all persons who are or have been employed by CWI, Inc. as non-exempt employees or equivalent positions in California from July 8, 2016, until July 8, 2020. According to CWI's records, it employed an estimated 477 employees that collectively worked approximately 40,700 workweeks during the relevant time period.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff alleged that defendant failed to: compensate one additional hour of pay at the regular rate; provide compliant uninterrupted meal periods or premium compensation in lieu thereof; provide complaint rest periods or premium compensation in lieu thereof; pay timely wages; and provide accurate itemized wage statements for its California employees during the relevant time period. Further, plaintiff contended that as a result of these violations, defendant engaged in unfair, unlawful, and harmful conduct that constituted unlawful business acts and practices in violation of California's Business & Professions Code.

DEFENDANT'S CONTENTIONS: Defendant denied all contentions.

Result

CWI, Inc. agreed to pay $1,500,000 to settle all claims.


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