Macy's obtains dismissal of California wage and hour class action through enforcement of arbitration program
Clients Federated Dept. Stores, Inc.
Jones Day represented Federated Department Stores' subsidiary Macy's West in defeating a "hybrid" wage-hour class/collective action. The lawsuit was brought on behalf of all Macy's retail workers in California, alleging FLSA and California overtime, minimum wage and off the clock work claims based principally on alleged uncompensated "security check" and mandatory meetings, and also including meal and rest break claims. Plaintiff's counsel estimated that over 1,000 employees would have been in the class. However, serving as special counsel to enforce Federated's national arbitration program, Jones Day successfully enforced the program, thereby disqualifying the sole class representative, dismissing all the class allegations, and obtaining a complete dismissal of the case.
Hicks v. Macy's Dept. Stores, Inc., 2006 WL 2595941 (N.D. Cal., 2006)