$4.2 Million Missed Meal Breaks Settlement with Marriott Submitted for Court Approval

A California court was recently asked to approve a $4.2 million missed meal breaks settlement for Marriott housekeepers.

If the settlement is approved, it will benefit individuals who worked for Marriott in California between June 25, 2012, and Jan. 1, 2013 and/or those who worked as a housekeeper or house aid from June 25, 2010, to Nov. 10, 2018.

Of the $4.2 million proposed settlement, $2.6 million would directly benefit Class Members. The 3,641 Marriott housekeepers would receive an average payment of $930 with the highest payment at $2,820. $1.4 million of the proposed settlement would be set aside to compensate class attorneys and cover court costs. The settlement would also provide a $5,000 service award for the named plaintiff in the class action lawsuit.

Los Angeles Superior Court Judge Elihu M. Berle said that, before he is willing to approve the multimillion-dollar settlement, the proposed Class and Marriott International Inc. need to come up with a feasible plan for what might happen if Class Members do not cash settlement checks. However, this seemed to be the only detail needing revision.

Plaintiff Maria A. filed her class action lawsuit against Marriott in June 2013. Maria has reportedly been working at a Courtyard by Marriott hotel since 1996. In her class action lawsuit, Maria claimed that she and other housekeepers missed meal breaks due to company policies.

As a result of Marriott’s alleged failure to provide sufficient coverage, Maria and other housekeepers were allegedly denied their 10 minute rest periods for every four hour work period. These rest breaks are intended to occur as close to the middle of a four-hour shift as possible.

“In California, the Industrial Welfare Commission Wage Orders require that employers must authorize and permit nonexempt employees to take a rest period that must, insofar as practicable, be taken in the middle of each work period,” states the California Department of Industrial Relations.

California labor laws also prohibit missed meal breaks. Nonexempt employees in the state are supposed to be given 30 minutes off the clock meal periods for every six-hour shift. For both meal breaks and rest breaks, certain industries have allowances or exceptions, but Maria’s class action lawsuit claims that Marriott is required to follow these guidelines but failed to do so.

Maria argues that, because she and other housekeepers were denied their rest breaks, they were owed an additional hour of wages under California state labor laws. However, Marriott allegedly failed to note this on employee pay stubs and instead omitted the time that Maria and others spent working instead of taking breaks.

In 2014, the Marriott class action had claims for statutory penalties trimmed by a Superior Court judge. However, the class action lawsuit survived Marriott’s 2016 attempt to dismiss. Judge Berle reportedly made the choice to keep Maria’s remaining claims alive based on her testimony that she had taken no rest breaks in over a decade.

The Marriott Housekeeper Class Action Lawsuit is Case No. BC513197 in the Superior Court of the State of California for the County of Los Angeles.

Join a Free California Wage & Hour Class Action Lawsuit Investigation

If you were forced to work off the clock or without overtime pay within the past 3 years in California, you have rights – and you don’t have to take on the company alone.

Get a Free Case Evaluation Now