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Class Action Settled for Failure for Breaks and Overtime


Although paying employees for meal and rest breaks doesn’t seem like much money, it can add up over time, especially when many employees are involved. Recently, a California judge preliminarily approved a settlement reached by DSW, Inc. and a class action of about 3,000 current and former employees to cover missed meal and rest breaks.

The lawsuit was filed by Olga Aguirre in California in 2011 and alleged, not only that the company failed to provide hourly nonexempt employees with meal and rest breaks, without the proper compensation, but also that they failed to provide employees with accurate itemized wage statements. The lawsuit also alleges that the company had other means of illegally withholding pay from its employees.

The class action includes all hourly employees who worked at DSW retail stores between May 30, 2009 and August 9, 2012. Each employee covered by the class action will receive approximately $2.75 for each week they worked that they were not given a break. That may not seem like much but, over three years, it can add up to a hefty amount and, for the company to pay 3,000 employees should be enough to deter them from continuing or repeating these illegal employment practices in the future.

The attorneys at the Chicago Overtime Law Center have decades of experience litigating wage and hour claims including overtime, meal breaks, vacation pay, and tips though out Illinois and the Chicago area including in West Chicago. Our offices are conveniently located in Oak Brook Terrace and Chicago, Illinois. If you think your employer may have misclassified you as exempt, contact one of our Chicago or Oakbrook attorneys today at 312-869-4095 or fill out our online form today.