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$5M JC Penney Illinois Employment Class Action Settlement Gets Preliminary Approval

This is a settlement for the Employment lawsuit.

Santa Clara, CA: A $5 million settlement in an Illinois employment class action lawsuit brought by part time workers at JC Penney Corp in Illinois, has received preliminary approval, potentially ending years of litigation between the two parties. The lawsuit asserts that the part time works were not paid vacation benefits when the left JC Penney.

Under the terms of the proposed deal, $3 million would be divided amongst class plaintiffs. Any money that goes unclaimed by class members would be placed into a fund for the Legal Assistance Foundation, an organization that provides free legal counseling for Chicagoans in need, according to the settlement documents.

The suit was filed in 2011 alleging JC Penney was in violation of the Illinois Wage Payment and Collection Act (IWPCA) because the retailer prohibited its part time workers from collecting paid vacation days unless they worked at one of its stores for a pre-determined period.

Specifically, under JC Penney’s “my time off” policy, in order to earn paid time off the defendant required employees to work an average of 25 hours on the clock over a 48 or 52 week period, in addition to continuous employment for 12 months.

The class consists of approximately 35,000 part time, non-managerial workers in Illinois, who left the company between 2004 and 2016. Final court approval of the settlement is required.

The case is Laura Garcia, et al. v. J.C. Penney Corp. Inc., et al., case number 1:12-cv-03687, in the U.S. District Court for the Northern District of Illinois.

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Published on Mar-30-17


Posted by

What about those of us in Texas? I "retired" in the buyout but had stock.

Posted by

Has this been settled yet?

Posted by

When are they doing pay outs?

Posted by

Has this been settled? And if yes when can we expect our checks?

Posted by

I was a part time employees in the Pine Bluff AR store and never go pay time off. Does it matter if it's a different state? I worked for ten years


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