Live Nation Settles for $1.1M in California Meal Break Law Case

Live Nation Worldwide Inc., a huge entertainment corporation based in the Golden State, has agreed to a $1.1 million settlement in a California meal break law claim.

According to Law360, this offered settlement came through a mediation session held in August between plaintiff Lee W., defendants, and counsel from both parties.

The original California meal break law complaint was filed in September 2015 in the Superior Court of the State of California, County of Santa Clara. On Oct. 13, 2017, after receiving no challenges to the proposed settlement in this case, the presiding judge Brian Walsh granted final approval of the settlement.

The Plaintiff Complains About Failure to Honor California Meal Break Law

Lee W. is a former employee of Live Nation Worldwide Inc. in the capacity of traffic controller. She worked for the Shoreline Amphitheater in Mountain View, Calif.

She registered her California meal break law complaint because of an alleged failure on the part of Live Nation to give parking lot employees standard rest and meal breaks. She purports that the organization expected full performance of duties day-to-day without such routine allowances.

Lee W. and Class Members were represented in court by Kevin R. Allen and Daniel Velton of Velton Zegelman PC, according to Law360. This counsel admitted on her behalf that the allegations would have been difficult to prove in court because Live Nation didn’t maintain records of rest breaks.

This counsel also noted that that the $1.1 million settlement amount was about one-fifth of what they could recover if everything went their way in court. That said, Mr. Allen believed the realistic award estimate would have been between $1 million to $3 million if the California meal break law case had gone to trial.

The Breakdown of the Settlement

According to Law360, the $1 million settlement allows for an estimated recovery for each Class Member of $421.55. The class period started Sept. 28, 2011 and is capped to the present day. It is relevant for parking or traffic control employees with non-exempt status.

Lee W., as class representative, is given an additional $20,000 for her work in this capacity. Judge Brian Walsh has requested a written statement from her in which she will clearly state how she fully participated in this case in such a way as to earn the additional payout.

The settlement provides for attorney fees and litigation costs to a maximum value of $366,630 and $50,000, respectively. It also allows for administrative costs to a maximum of $16,000. On the defendants’ side, the settlement grants back to them the cost of payroll taxes and $15,000 to the California Labor and Workforce Development Agency.

Two non-profit agencies may get monies from this legal endeavor as well, depending upon how many Class Members claim their award. Any uncashed checks or funds available after six months will be donated evenly between The Katherine and George Alexander Community Law Center and Lambda Legal.

Live Nation’s counsel was Elena R. Baca of Paul Hastings LLP.

The Live Nation Rest and Meal Breaks Class Action Lawsuit is Case No. 2015-1-CV-286202 in the Superior Court of the State of California, County of Santa Clara.

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