Kim Gale  |  January 3, 2018

Category: Labor & Employment

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

TCPA robocall autodialerA Pier 1 Imports on call shifts lawsuit has reached a preliminary settlement of $3.5 million.

The on call shifts lawsuit was led by two women who were employed by Pier 1 Imports in California. They said the home goods retailer made the employees check in to find out if they had to work a “flex shift.”

The women said the on call shifts practice violated California wage laws and the California Private Attorneys General Act because employees had to “mold their lives around the possibility that they will work each and every” possible shift. The plaintiffs claimed employees were unable to make other plans because they were on call, but most of the time, the on-call workers ultimately were not required to report to work.

U.S. District Judge Dale A. Drozd said, “The court is convinced that the parties’ negotiations were extensive, involved and non-collusive, lending weight to the fairness of the settlement and the … motion for preliminary approval.”

On Call Shifts Lawsuit Alleges Failure to Pay

Pier 1 employees allege Pier 1 violated California’s wage and hour laws by requiring workers to call or visit the store before knowing whether or not they were required to work on that particular day.

By not actually scheduling an employee on an on-call day, Pier 1 escaped paying for the reporting time and failed to pay minimum wage, alleges the on call shifts lawsuit.

The women filed the on call shifts lawsuit in January 2016. Pier 1 tried to get the lawsuit dropped in February 2017. That motion was not granted in March because of opposition from Class Members, and the dispute was turned over to private mediation.

The $3.5 million on call shifts lawsuit settlement will allow each named plaintiff to receive at least $12,500. Costs including $62,500 in administration fees, $1.17 million in attorneys’ fees, and $15,000 to settle the PAGA claims will be paid before the actual amount going to each individual plaintiff is determined.

Pier 1 Imports has 21 days to supply the court with a list of Class Members’ contact information.

California wage and hour laws protect employees from unfair employers. California also has a higher minimum wage law than the federal minimum wage, which is $7.25 per hour. California’s minimum wage is set for an annual increase through 2023. In 2017, the minimum wage was $10.50 per hour; beginning Jan. 1, 2018, the minimum wage in California will be $11 per hour.

Pier 1 Imports is a home furnishings and décor retailer based in Fort Worth, Tex. The company’s annual revenue is around $1.85 billion. Pier 1 Imports started as a single store in San Mateo, Calif. in 1962 and now operates more than 1,000 retail stores with 17,000 employees.

The On Call Shifts Lawsuit is Case No. 1:16-cv-00087, in the U.S. District Court for Eastern California.

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

We tell you about cash you can claim EVERY WEEK! Sign up for our free newsletter.


2 thoughts on$3.5M Settlement Reached in Pier 1 Imports On Call Shifts Lawsuit

  1. S Haase says:

    If you don’t like what your employers practices are, move on. As you can see, the Lawyers always are the ones that always make out. If I was the CEO of Pier one Imports, I would close all the stores in the Peoples Republic of California! . How do you like me now…. The liberals have ruined that beautiful state. Now they (liberals) are moving to other states, (Utah, Montana, Nevada, Colorado, etc.) and trying to implement their goofball policies there. Lawyers write all the laws in our country; and they write them so they always have plenty of money in their pockets. They don’t care about you!

  2. Valerie Koonce says:

    I think I have a class action against Con Edison in NY. For years I feel that they have been overcharging their customers on their utility bill. Every year for the past 17 years from the month of November to April my Con Ed heating bill is half my mortgage and in the summer months it is higher on my electric part. We have had them come out and look at our meters and they say everything is fine, but yet my bill keeps going up. I currently owes them about $20,000.00. In the spring and summer I manage to pay down the bill a couple of thousand dollars and than winter comes and I am back where I started. Con Edison is the biggest monopoly in New York and they are robbing their customer. I need help!

Leave a Reply

Your email address will not be published. By submitting your comment and contact information, you agree to receive marketing emails from Top Class Actions regarding this and/or similar lawsuits or settlements, and/or to be contacted by an attorney or law firm to discuss the details of your potential case at no charge to you if you qualify. Required fields are marked *

Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.