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There is a proposed settlement of claims against Fremak Arches, Inc. and Marpenny Corporation d/b/a/ McDonald’s (“Fremak/Marpenny”) in a lawsuit filed in the Superior Court for Alameda County. The complete terms are in the Settlement Agreement filed with the Court and available at www.HughesvMcDonaldsSettlement.com, or by requesting a copy from Class Counsel whose contact information is listed below.
If the settlement is not approved by the Court or does not become final for some other reason, Plaintiffs’ case against Fremak/Marpenny will continue. I. Description of the Lawsuit Plaintiffs Jason Hughes and Ryan Schuetz (“Plaintiffs”) filed this lawsuit on March 12, 2014 on behalf of themselves and all other current and former hourly workers employed by Fremak/Marpenny as crew members, at its three McDonald’s restaurants at any time after March 12, 2010. Plaintiffs asserted that McDonald’s and Fremak/Marpenny failed to pay them all of their wages, minimum wages, and overtime premiums, failed to provide all required meal and rest breaks, failed to comply with the law for recordkeeping and wage statements, and engaged in other unlawful business practices.
Plaintiffs sought back wages, liquidated damages, injunctive and declaratory relief, civil penalties, interest, attorneys’ fees, and costs. To review Plaintiffs’ First Amended Complaint in more detail, you may contact Plaintiffs’ counsel at the addresses listed in Section VII at the end of this Notice. Fremak/Marpenny denies these allegations and denies that it engaged in any wrongdoing. However, Fremak/Marpenny has entered into this settlement to fully and finally resolve this case against it and to avoid the burden, expense, and uncertainty associated with Plaintiffs’ claims. Fremak/Marpenny does not admit any liability or wrongdoing by entering into this Settlement Agreement.
The lawsuit is currently before Judge Winifred Y. Smith in the Superior Court for the County of Alameda. On November 10, 2016, the judge preliminarily approved the settlement, 3 finding that it is fair, adequate, and reasonable. She also concluded that these claims could be settled on a class wide basis. Before the Court gives final approval to the settlement, it will dismiss all claims asserted against McDonald’s Corp., McDonald’s USA, LLC, and McDonald’s Restaurants of California, Inc. in this lawsuit. A final hearing on this settlement is scheduled to take place on March 24, 2017.
Eligible Class Members include all current and former employees paid on an hourly basis at any of the following McDonald’s restaurants owned and/or operated by Fremak Arches, Inc. and Marpenny Corporation d/b/a/ McDonald’s between Mar. 12, 2010 and Oct. 14, 2016:
- 38860 Fremont Boulevard, Fremont, Calif.
- 42800 Mission Boulevard, Fremont, Calif.
- 40708 Grimmer Boulevard, Fremont, Calif.
The portion of the settlement award to be distributed to each Class Member will be based on a fixed amount per week for every week worked during the Class Period, except that funds designated as payment of PAGA penalties will be based on a fixed amount per week only for those weeks worked after Mar. 12, 2013.
Your award will be based on the total number of weeks that you worked compared to the total number of weeks worked by every Class Member.
Each Class Member’s notice contained a specific estimated share of the settlement which will be paid in three installments. This estimated amount may change based on how many Class Members opt out or cannot be reached by the Claims Administrator, and whether the Court approves the request for attorneys’ fees, litigation costs, and service awards.
Proof of Purchase
If you received a Class Notice by mail at your correct address, you do not need to do anything else to participate in this settlement. Unless you “opt out,” you will automatically be mailed settlement checks after the effective date of the settlement, if it is approved by the Court.
If you did not receive a Class Notice by mail at your correct address (even if you received a Class Notice by email or by mail at an incorrect address), you must contact the Claims Administrator to provide your correct address. If you do not provide the Claims Administrator with your correct address, your check may be mailed to an incorrect address, and you will not receive any payment from this settlement.
Settlement checks will be sent in three installments. If your contact information changes at any time before you receive all three payments from the settlement, you are responsible for providing your updated contact information to the Claims Administrator.
Hughes, et al. v. McDonald’s Corp., et al., Case No. RG14717085, in the Superior Court of the State of California for the County of Alameda
Eve H. Cervantez
Barbara J. Chisholm
P. Casey Pitts
Matthew J. Murray
ALTSHULER BERZON LLP
Joseph M. Sellers
COHEN MILSTEIN SELLERS & TOLL PLLC
Fraser A. McAlpine
Douglas G.A. Johnston
JACKSON LEWIS PC