Anne Bucher  |  January 1, 2016

Category: Closed Class Actions

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This settlement is closed!

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Extended Stay class action settlement

ESA Management LLC has agreed to pay $600,000 to settle a wage and hour class action lawsuit alleging the company violated California labor laws.

If you were employed by ESA Management LLC or its predecessor HVM LLC in California as a non-exempt associate during the period from June 18, 2010 through Oct. 6, 2015, you may be eligible for benefits from the Extended Stay class action settlement.

The wage and hour class action lawsuit was filed by plaintiff Nelson R. Rivas, who was employed as an hourly maintenance employee at an Extended Stay America in California.

“While Mr. Rivas was employed, ESA did not have a proper policy for rest periods, resulting in failure to provide all rest periods to which Mr. Rivas was entitled,” the Extended Stay class action lawsuit alleged.

Rivas also claims that Extended Stay violated California labor laws at the time of his termination from his position with Extended Stay America.

“Defendants improperly forfeited Plaintiff’s earned, vested vacation earned during his final pay period and failed to pay the vested vacation as wages at termination,” according to the Extended Stay class action lawsuit. “Defendants also failed to pay timely wages at separation from employment and failed to provide accurate, itemized wage statements.”

ESA denies that it violated the law in any way, but it has agreed to settle the wage and hour class action lawsuit to avoid the risk and expense of ongoing litigation.

The Extended Stay settlement was preliminarily approved on Nov. 10, 2015.

Who’s Eligible

Class Members of the Extended Stay settlement include all individuals employed by ESA Management LLC or its predecessor HVM LLC in California as non-exempt associates (including Assistant General Managers, Guest Services Representatives, Housekeepers, Maintenance Engineers, Night Laundry Attendants, Porters and Van Drivers) during the period from June 18, 2010 through Oct. 6, 2015.

NOTE: Housekeepers employed during the time period from June 18, 2010 through Feb. 28, 2013 are not included as Class Members in this wage and hour settlement, as their claims were released in the previous Magama v. HVM LLC settlement).

Potential Award

Varies. The amount each Class Member will receive depends on a number of factors, including the number of weeks worked and whether they were a full-time or part-time employee.

Proof of Purchase

N/A

Claim Form Deadline

N/A. Checks will be mailed to Class Members within 15 days after the Effective Date of the class action settlement.

If you would like to exclude yourself from the Extended Stay class action settlement, you must mail your exclusion request to the Settlement Administrator, and it must be postmarked on or before March 1, 2016.

Case Name

Nelson R. Rivas v. ESA Management LLC, Case No. 2:14-CV-5767 DSF, in the U.S. District Court for the Central District of California

Final Hearing

4/25/2016

Settlement Website

www.RivasExtendedStaySettlement.com

Claims Administrator

Rivas v. ESA Settlement Administrator
c/o Rust Consulting Inc. – 4927
P.O. Box 2396
Faribault, MN 55021-9096
877-435-4066

Class Counsel

COHELAN KHOURY & SINGER

LAW OFFICES OF SAHAG MAJARIAN II

Defense Counsel

LITTLER MENDELSON PC

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12 thoughts onExtended Stay Wage & Hour Class Action Settlement

  1. Renee Hamilton says:

    I worked for extended Stay for 5 years. I never had an allowed break that I could sit down and collect my thoughts. I worked off the clock for a monster of a manager who caused great anguish in my life. I was on limited duty and she dropped a box in my arms for me a box to carry to the laundry room after I told her no. The space we were in was limited so I had no choice.

    1. Renee Hamilton says:

      Also she fired me and did not give me my check or vacation time.

  2. Richard L Peals says:

    I was hired in at Extended Stay America for 11 months 3 weeks as a ME Maintenance Engineer… I did my job pleasant & gave above a beyond work ethics…..I departed the company with over 60 vacation hours that I did not receive…

  3. James says:

    Received a check for 18.66 but was too scared to deposit or cash it because I didn’t work in California. Anyway, awful company.

  4. Alexis Smith says:

    I worked at extended stay in 2014

  5. Celena Jones says:

    I work for the company. They only give me two days per week and give the other Spanish or the other days I’m being treated very unfair as a hard worker. Looking to take action myself for racism

  6. Dino says:

    They, Extended Stay, just billed my debit card 250 dollars because the maid said she found an Ash on a table. Contacting the Attorney Generals office on Monday.
    That’s Stealing, Fraud. I have contacted them several times and was told someone would call me yesterday. I visited the hotel and clerk was very rude. I WILL GET MY MONEY BACK. Oh yeah, I DON’T SMOKE !!
    CROOKS

  7. frankie says:

    I worked for them for 3yrs and very rarely able to take breaks or lunchs, but the time was take out of my hours. Also was not paid out for vacation, personal or sick pay accrued. Was advised I was not eligible for the payout because I was terminated. Its still accrued time earned and should be paid.

  8. Jonathan says:

    I worked as a Night Laundry Attendant for Extended Stay for a year. I was also required to clock out for break, but was the only worker on site. If a customer came during my break, i was informed I had to help said customer, while still clocked out. I just received my check in the mail, and I am pleased that other employees/former employees working for Extended Stay got what was rightfully theirs.

    1. Ashley Kinney says:

      How much did you get

      1. Lexi says:

        I worked there for about 6 months in 2016 part-time I just got a check in the mail for $54.32

        1. Nrivera says:

          I worked full time for a year, I resigned and I never received compensation for my vacation or sick time and I only received $32 dollars

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