Rest Break Class Action Lawsuit Settled in California Superior Court

A rest break class action lawsuit in California has reached a settlement between retailer DFS Group LP and a Class of hourly employees.

California Superior Court Judge Harold Kahn of San Francisco read the settlement terms and indicated he would grant final approval.

DFS Group LP is a duty-free retail chain with locations in the San Francisco International Airport and the Los Angeles International Airport. Employees filed the rest break class action lawsuit in October 2015, alleging that the retailer never paid employees for missed or insufficient meal and rest breaks. The suit included derivative claims for waiting periods and penalties under California’s Private Attorneys General Act and unfair competition regulations.

More than 760 hourly or nonexempt workers employed by DFS between October 2011 and April 26, 2017 are to be compensated as a result of the settlement.

Rest Break Class Action Lawsuit Settlement Terms

Lead plaintiff Jeffrey Concepcion will obtain a $10,000 representative award. Individual payments that employees receive will be determined by the duration of employment with DFS. With $12,770 being allowed for the settlement administrator, approximately $1,624 will be received by each individual Class Member.

The rest break class action lawsuit settlement payments will be distributed using the common fund method, which ensures all claimants are responsible for some litigation costs. This method was justified according to court filings, because the individual claims can be easily determined.

“Class counsel is sensitive to the idea that the punctual payment of wages is of paramount importance. This is especially true when dealing with hourly workers who are paid at or around minimum wage as here. It is likely that many settlement class members depend on each and every paycheck to support themselves and possibly their families,” said the motion.

Arlo Garcia Uriarte of Liberation Law Group PC represented the rest break class action lawsuit plaintiffs and expressed that the settlement was fair. He also indicated satisfaction that DFS has redesigned its program to ensure employees receive proper meal and rest breaks going forward.

California wage and hour laws are designed to protect employees from unfair employers who would place profits ahead of workers’ rights. Under these laws:

• A non-exempt worker in California is entitled to a 30-minute meal break if five or more hours are worked in one day and a 10-minute break for every four hours worked.
• Rest breaks must be paid, and workers cannot be required to work during a rest break.
• Employees must be relieved of all work-related duties during their 30-minute meal breaks.

Any employer who is found to have failed to comply with California’s rest and meal break requirements is required to pay the worker one extra hour of regular pay for each day that a break violation occurred.

The Rest Break Class Action Lawsuit is Concepcion v. DFS Group LP et al., Case No. CGC15548698 in Superior Court of the State of California, County of San Francisco.

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