Class action lawsuits are often settled outside of court in order to avoid the hassle and expense of arguing the case in the courts. The larger the class, the longer both parties could be stuck in court, presenting all their evidence to a judge and jury. Although settling outside of court is one way to save time, coming up with a settlement that both parties can agree on can also take months, if not years, to accomplish.
After three years of negotiating, a class of plaintiffs who filed a class action wage and hour lawsuit against Desert Hot Springs Spa Hotel and Miracle Springs Resort & Spa have finally agreed to settle the lawsuit with the two related companies.
The wage and hour lawsuit was filed in California on behalf of all hourly, non-exempt employees who worked for one or both of the hotels in California. The lawsuit was therefore filed under California labor law and alleges several violations of state law.
California employment law requires employers to provide all their workers with regular meal and rest breaks throughout the day. For every four hours of work, an employee is entitled to one paid, uninterrupted rest break lasting at least ten minutes. For every five hours worked, an employee is entitled to one unpaid, uninterrupted meal break of at least half an hour. For every day an employee does not take one of these breaks, for any reason, she is entitled to one hour’s worth of wages, in addition to all wages, tips, and bonuses earned that day. Continue reading