BY: Jason J. Thompson | IN: Class Action & Commercial Litigation, Employment Law
With a California Judge’s approval, Smart & Final Stores LLC recently settled a $3 million class action, despite the court having denied all of the claims brought by more than 16,000 current and former employees who alleged that the company shorted workers out of overtime wages and failed to provide rest and meal breaks.
According to a report on Law360 (subscription required), named Plaintiff Matthew Thompson filed the suit in December 2012, alleging that he, along with similarly situated Smart & Final workers, were forced to work off-the-clock, were not paid a minimum wage for all hours worked, and were not reimbursed for business expenses.
Six months later, former employee Raquel Manzo filed a putative class action alleging the company’s payment of non-exempt employee overtime should have consisted of one-and-one-half times the regular hourly wage. The action also alleged violation of the California state labor code by giving employees incorrect wage statements that failed to provide accurate hourly rates in effect during the pay period. In October 2013, the two cases were consolidated for joint mediation, with the Thompson case designated as lead with both lawsuits resulting in settlements for which the court entered separate orders granting final approval.
It is critical that employees understand their rights to receive honest wages for an honest day’s work. If you believe your employer is not properly compensating you and your co-workers, please contact the Employment Litigation attorneys at Sommers Schwartz for a free consultation.
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Jason Thompson is a nationally board certified trial attorney and co-chairs Sommers Schwartz’s Complex Litigation Department. He has a formidable breadth of litigation experience, including class action and multidistrict litigation (MDL), and practices nationwide in both state and federal courts.