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Employment Law
Compensations, Benefits
Wage and Hour, Class Action

Joanne Kay Ward, et al. v. Albertson's Inc.

Published: Jul. 26, 2008 | Result Date: Apr. 14, 2008 | Filing Date: Jan. 1, 1900 |

Case number: BC237646 Settlement –  $18,500,000

Court

L.A. Superior Central


Attorneys

Plaintiff

Joe R. Whatley Jr.
(Whatley Kallas LLP)

Robert A. Cantore

Joseph L. Paller


Defendant

Lawrence J. Gartner


Facts

The plaintiff class consisted of approximately 200,000 employees who resigned or were fired from Albertson's, Lucky Stores and Sav-on Drugs between Sept. 29, 1996 and Dec. 31, 2004.

Contentions

PLAINTIFFS' CONTENTIONS:
The plaintiff class contended the class members were not paid their final wages on their last day of employment but paid on the next regular pay day in violation of the California Labor Code. They also alleged members of the class were not properly paid for accrued vacation hours.

Damages

The plaintiffs sought waiting time penalties for all class members and unpaid vacation hours for non-union class members.

Result

The case settled shortly before trial for $18,500,000. $15 million was paid to the class members, with 50 percent in cash and 50 percent in Albertson's store credit. $3.5 million went to attorney's fees and costs.


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