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Holiday Settles Unpaid Wages and Overtime Class Action for $7.5M

This is a settlement for the Donning-Doffing lawsuit.

San Francisco, CA: Final approval of a $7.5 million settlement for an unpaid wages class action lawsuit has been granted by a federal judge in California. The lawsuit, filed against Holiday Retirement and its owner investment management firm Fortress Investment Group LLC , the largest independent living provider in the country, alleged violations of the federal Fair Labor Standards Act.

The employment class action was filed in 2006 by plaintiff Sallie Cwik on behalf of herself and others she believed had encountered similar situations. The lawsuit claimed that Holiday failed to accurately record and pay for all hours worked by the company' community managers and co-managers.

Under the terms of the settlement, Holiday will pay up to a total of $7.5 million to settle the suit, including all alleged unpaid wages, penalties, interest, costs, and attorneys' fees.

The total class numbers 3,384 members, of whom 2,359 have submitted timely claim forms, roughly 70% of the class. While some class members have disputed their calculated settlement amount, none have objected to the settlement, and it is expected the final response rate will be higher, according to court documents detailing the response as of October 11, 2013.

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Published on Nov-5-13


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