Top Class Action Lawsuits
Stewart’s not-so-sweet deal for employees? According to company staff, yes indeedy. They filed an unpaid wage and hour class action lawsuit against Stewart’s Shops alleging violations of state and federal wage and hour laws.
Filed on January 9, 2014, in Federal District Court (Northern District of New York), the Stewart’s wage and hour lawsuit specifically claims that Stewart’s Shops failed to compensate employees for all hours worked by routinely requiring employees to perform work before and after their scheduled shifts without compensation.
The lawsuit also alleges that the defendant routinely deprived employees of mandatory meal breaks; failed to implement an accurate and effective method to record time worked by employees; failed to provide employees with mandatory disclosures concerning their rate of pay; and failed to pay for the cost to launder and maintain required uniforms.
The lawsuit is seeking class action status on behalf of 4,500 current and former Stewart’s Shops employees throughout New York and Vermont. FYI- Stewart’s Shops, headquartered in Saratoga Springs, NY, operates over 300 stores located across upstate New York and southern Vermont.
Top Settlements
What a Blow Out! It’s approved! The proposed $4.5 million settlement in the Brazilian Blowout class action lawsuit has received final approval. Cast your minds back to 2013 – when a consumer fraud lawsuit was filed against the company alleging BB failed to warn customers that its hair straightening product emit toxic formaldehyde gas, while the label states the product is “formaldehyde-free”.
Specifically, the lawsuit, entitled formaldehyde gas, GIB LLC Cases, JCCP No. 4657 and in the United States District Court for the Central District of California, in a case entitled In Re Brazilian Blowout Litigation, Case No. CV 10-08452 JFW (MANx), alleged that Defendants’ hair smoothing – products known as Brazilian Blowout Solution and Brazilian Blowout Acai Professional Smoothing Solution (hereinafter referred to as “Brazilian Blowout Products”) contain formaldehyde and other harsh chemicals, which Defendants failed to disclose and affirmatively represented as “formaldehyde free,” “contain[s] no formaldehyde,” and “contain[s] no harsh chemicals,” and as being “100% salon safe.”
The Proposed Brazilian Blowout Settlement provides, among other things, for the creation of a Gross Settlement Fund in the amount of $4,225,000, and the distribution of payments from the Settlement Fund to Class members who submit Valid Claims for monetary settlement payments.
Eligible class members may be covered by the Proposed Settlement if (1) they are a person in the United States who purchased Brazilian Blowout Products directly from GIB, LLC or one of its authorized distributors on or before June 6, 2012 (“Stylist” Class member), or (2) they are a person in the United States who underwent a treatment using Brazilian Blowout Products on or before June 6, 2012 (“Consumer” Class member).
To download claim forms and for more information on the Brazilian Blowout class action settlement, visit http://www.brazilianblowoutsettlement.com/
Elite – a Model Defendant? Elite Model Management is being praised (?) for its speed in agreeing to a $450K out of court settlement of an unpaid intern class action lawsuit filed last February.
The Elite Model Management lawsuit was filed by plaintiff Dajia Davenport, who interned at the agency in the summer of 2010. It states that Elite “deliberately misclassifies its interns as exempt from wage requirements,” despite the fact that they work over 40 hours per week.
Filed in February, the lawsuit sought a minimum of $50 million in unpaid wages, overtime pay, liquidated damages, interest and attorneys’ fees for unpaid interns who worked for Elite between February, 2007, and the date of a final judgment.
The terms of the settlement will guarantee participating the over 100 interns who make up the “Class” a minimum payment of $700, and as much as $1,750. It is reportedly the largest of an unpaid intern class action lawsuit settlement so far.
A final settlement hearing is scheduled for May 1, 2014.
Ok Folks, That’s all for this week. See you at the bar.
