This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Employment Law
Wage and Hour
Meal and Rest Periods

Courtney Haynes, on behalf of herself and all other aggrieved employees v. The GAP Inc., and Does 1-50, inclusive

Published: Apr. 12, 2024 | Result Date: Jan. 4, 2024 | Filing Date: Sep. 1, 2021 |

Case number: 21CECG02615 Settlement –  $1,660,000

Judge

Kristi Culver Kapetan

Court

Fresno County Superior Court


Attorneys

Plaintiff

Justin Lo
(Work Lawyers PC)

May T. To
(Work Lawyers PC)


Defendant

Jessica R. Perry
(Orrick, Herrington & Sutcliffe LLP)


Facts

Courtney Haynes was employed as a Merchandise Handler from July 1, 2020, through January 21, 2021 by The GAP Inc. (GAP) at its Fresno Distribution Center. On September 1, 2021, Haynes, on behalf of herself and all other aggrieved employees, brought a representative class action complaint against GAP, alleging various wage and hour violations. The class included all current and former non-exempt employees of GAP who worked for GAP at its Fresno Distribution Center buildings and/or its Pacific Distribution Center in California at any time from October 28, 2020, through the date of preliminary approval. GAP estimated that there were approximately 6,189 putative Class Members who collectively worked approximately 145,248 Workweeks between October 28, 2020, and the date of mediation.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff alleged that defendant failed to: pay wages for all hours worked, including minimum, regular, and overtime wages; provide compliant meal and rest breaks or pay premiums in lieu thereof; timely pay wages during employment; provide accurate wage statements; timely pay final wages; provide proper notices to employees; and reimburse reasonable and necessary business expenses for its non-exempt California employees during the class period. Additionally, plaintiff maintained that defendant engaged in a systematic pattern of wage and hour violations as a result of its policies.

DEFENDANT'S CONTENTIONS: Defendant denied all contentions.

Settlement Discussions

On November 16, 2022, the parties participated in a full-day mediation with mediator Tripper Ortman.

Result

The GAP Inc. agreed to pay $1.66 million to settle all claims.


#142695

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390