National retail store settles statewide wage and hour class action
Clients National retail store
Jones Day represented a national retail store in a statewide class action lawsuit involving at least 55,000 class members, alleging violations of California wage and hour laws in connection with the calculation of employee overtime pay. The plaintiffs Kim Fries and Alicia Cruz filed a complaint alleging that our client violated the California Labor Code and the Business and Professions Code with respect to all non-exempt employees in California by failing to include payments made pursuant to incentive compensation plans in employees' regular rate of pay, leading to an under calculation of overtime compensation. The plaintiffs sought back pay, restitution, injunctive relief and statutory penalties under the Labor Code, totaling more than $220 million. The case settled on class-wide basis on mutually agreeable terms.
Fries et al., Case No. BC 317776 (Super. Ct., Los Angeles Cty., Ca.)