$4.7M Settlement To Ends Claims That Fisher Scientific Inc. Violates California Labor Law

A $4.7 million class action settlement between Thermo Fisher Scientific Inc. and workers has been struck, which will end claims that the company did not provide sufficient wage, meal, and rest breaks to workers, violating California labor law.

The deal was approved by U.S. District Judge Dean D. Pregerson in downtown Los Angeles. This approval was granted after a revision to the settlement deal was made, per Judge Pregerson’s request. According to Judge Pregerson, the original proposed deal was too “boilerplate,” and he requested more information to give his approval.

HR California notes that California labor law is among the most employee-friendly in the nation, and require more of employers to ensure their employee’s wellbeing while at work.  

The workers allegedly affected by Thermo Fisher’s policies expressed happiness of the new settlement deal that did receive approval, according to Law360. They said that it did a better job of outlining changes that will take place to better protect Thermo Fishers’ employees. Under the terms of the deal, employees will reportedly not be required to stay on their employer’s campus on their breaks.

The Class Members covered by the proposed settlement are all Thermo Fisher workers in California who are not exempt from overtime, who worked for the company at any point between March 6, 2013, and when the settlement deal was given preliminary approval. This class is around 3,500, according to estimates provided in the motion.

Per the approved deal, Thermo Fisher will reportedly “issue updated rest period policies as needed to eliminate any requirement that employees remain on site or on the employer’s premises during a rest period.”

Allegedly, Thermo Fisher’s old employee policy required employees to remain on campus, which allegedly amounted to dictating how they spent their breaks. Plaintiffs argued this policy was a violation of California labor law.

The Thermo Fisher wage and hour class action lawsuit was originally filed in two separate complaints. Their complaints were then consolidated into a single complaint against the biotechnology company.

According to those who filed the suit, Thermo Fisher for the past four years has made a practice of not paying employees for all hours worked, failing to give meal and rest breaks, and not paying overtime. They claim that these actions violate California’s unfair competition law, and violates the Private Attorneys General Act of 2004.

California’s Department of Industrial Relations notes that in California, employers are required to pay employees overtime if they are not classified as exempt.

Under the terms of the proposed settlement deal, the $4.7 million would be divided into payments for various parties. 25 percent of the settlement amount, around $1.2 million will be allocated for attorneys fees. $100,000 will be given to class members as civil penalties under the Private Attorneys General Act of 2004.

Of the $100,000, 75 percent will be paid to the Labor and Workforce Development Agency and 25 percent will be paid part of the net amount given to class members. Reportedly, the amount of the settlement that will be paid to class members is around $3.3 million.

The Thermo Fisher Wage and Hour Class Action Lawsuit is Case No. 5:17-cv-01918, in the U.S. District Court for the Central District of California.

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