The California Marlu Restaurant Group class action settlement stems from the consolidation of two wage-related class action lawsuits. Primary plaintiff Joe Ortiz started the class action litigation by filing a lawsuit in November of 2014. Ortiz claimed Marlu Restaurant Group and other defendants required some of the company’s employees to perform work off the clock, which violates both Federal and California labor laws. The class action lawsuit filed by Ortiz contends that Marlu Restaurant Group also failed to record work hours accurately, as well as withheld payment for work-related expenses.
A group of Marlu Restaurant Group managers filed a separate class action lawsuit in August of 2016 that claims Marlu failed to compensate the managers for meal breaks. Lead plaintiff Richard Barajas and eight additional plaintiffs made allegations that were similar to the allegations made in the Ortiz class action lawsuit. The plaintiffs also allege that Marlu Restaurant Group failed to offer employees the option to receive compensation on a pay card.
Superior Court Judge William F. Highberger consolidated the two class action lawsuits in December of 2016. Highberger issued preliminary approval of the class action settlement in February of 2017. The defendants have agreed to create a settlement fund that exceeds $2.5 million, with nearly $1.4 million set aside for compensating eligible class members. Marlu Restaurant Group has denied the allegations made in the class action lawsuit, but to avoid costly litigation, the company has agreed to the terms of the class action settlement.
What You Need to Know
According to the class action settlement website www.MarluWageClassAction.com, eligible class members include workers “Employed by a defendant company as an hourly employee in California from Nov. 7, 2013 through Feb. 9, 2017, employed by a defendant company as a General Manager in California from Nov. 7, 2010 through Feb. 9, 2017, and employed by a defendant company as a Manager or a Shift Lead in California from Aug. 17, 2012 through Feb. 9, 2017.” The amount of the class action settlement payment depends on the number of weeks a claim member worked during the settlement period, as well as the number of valid and timely claim forms filed.
Eligible class members have until June 2, 2014 to file a claim form. Richard Barajas, et al. v. Marlu Restaurant Group Inc., et al.and Joe Ortiz v. Marlu Restaurant Group Inc., et al., Case No. SACV14-01790 DOC (DFMx), in the U.S. District Court for the Central District of California is scheduled for a final hearing on July 14, 2017. Class counsel consists of Allen Graves and Jacqueline Treu from The Graves Firm. Joshua D. Carlon handles the defense counsel for the law firm Lewis Brisbois Bisgaard & Smith LLP.
