Miracle Springs Resort Wage & Hour Class Action Settlement

A settlement has been proposed in a wage and hour class action lawsuit alleging certain employees at Desert Hot Springs Spa Hotel and Miracle Springs Resort & Spa were not provided with rest and meal periods, overtime pay, and accurate itemized wage statements as required by law.

If you worked as a non-exempt employee at Desert Hot Springs Spa Hotel and/or Miracle Springs Resort & Spa at any time from July 31, 2008 through June 8, 2015, you may be entitled to compensation from this class action settlement.

If approved, this settlement would resolve a wage and hour class action lawsuit that was filed in 2012. The class action lawsuit asserts causes of action against the defendants for: failure to provide required meal periods; failure to provide required rest periods; failure to pay overtime wages; failure to pay minimum wages; failure to pay all wages due to employees at the time of their termination from employment; failure to furnish accurate itemized wage statements; failure to maintain required records; unlawful deductions from wages; conversion of gratuities; unfair and unlawful business practices; and other charges.

The defendants deny the allegations and do not admit any liability. However, they have agreed to pay $1.5 million to settle the wage and hour class action lawsuit to avoid the risk and expense associated with ongoing litigation.

Who’s Eligible

Class Members of the wage and hour settlement include all current and former non-exempt employees of DHSE Inc. and/or PSTPS Inc. who worked as non-exempt employees at Desert Hot Springs Spa Hotel and/or Miracle Springs Resort & Spa at any time between July 31, 2008 and June 8, 2015.

Potential Award

Varies. The amount each individual Class Member will receive will be determined by a formula that factors the number of weeks worked during the Class Period.

According to the Class Notice, “If no Class Members opt out of the Settlement, then it is estimated that each Participating Class Member will receive an average Individual Settlement Payment of approximately $967.46.”

Class Members who wish to opt out of the wage and hour settlement must do so no later than Jan. 22, 2016.

Proof of Purchase

N/A

Claim Form Deadline

N/A. Eligible Class Members will automatically be sent a payment if the settlement is approved.

If you wish to opt out of or object to the class action settlement, you must do so no later than Jan. 22, 2016.

Case Name

Tina Brueske, et al. v. DHSE Inc., et al., Case No. INC1205382, in the Superior Court of the State of California, County of Riverside

Final Hearing

4/5/2016

Settlement Website

www.DHSESettlement.com

Claims Administrator

DHSE Settlement Administrator
c/o Rust Consulting Inc. – 4941
P.O. Box 2396
Faribault, MN 55021-9096
1-877-310-0490

Class Counsel

MATERN LAW GROUP

LAW OFFICE OF PETER J. HEALY

Defense Counsel

GRESHAM SAVAGE NOLAN & TILDEN PC