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$1.8M Preliminary Settlement in Burlington's Unpaid Overtime Class Action Lawsuit


This is a settlement for the Employment lawsuit.

Santa Clara, CA: A $1.8 million proposed settlement received preliminary approval this week, potentially ending an unpaid wages and overtime class action lawsuit filed against Burlington Coat Factory. Filed by plaintiff Armida Rodriguez, the suit claims the company deprived tens of thousands of current and former employees of rest breaks and subjected them to improper off-the-clock bag checks.

Filed in 2012, Rodriguez claims the retailer's rest break and bag-check policies deprived its hourly workers in its 60 California stores of their wages. The lawsuit claimed that Burlington had a "uniform policy"relating to both rest breaks and bag checks, stating that the company's own written handbooks directed managers to requires hourly employees to undergo security checks after they had already clocked out.

According to court documents, the settlement stipulates that Burlington pay $1.2 million to roughly 22,000 current and former employees plus $600,000 for plaintiffs' attorneys' fees.

The settlement class includes all hourly, non-overtime-exempt employees of Burlington retail stores in California from October 2008 through the date of settlement approval.

A final fairness and approval hearing is scheduled for February 2016.

The case is Armida Rodriguez v. Burlington Coat Factory Warehouse Corp. et al., case number 2:13-cv-02426, in the U.S. District Court for the Central District of California.

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Published on Dec-4-15


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