Settlement reached in Jay Daum and Martin Perez, et al v. CWN Management, Inc., d.b.a. Claim Jumper Restaurants
March 2, 2007
Daily Journal
Verdicts & Settlements
SETTLEMENT: $6.5 million.
CASE NUMBER: Jay Daum and Martin Perez, et al v. CWN Management, Inc., d.b.a. Claim Jumper Restaurants, 02CC10201.
COURT DATE: Orange Superior/Dec. 11, 2006.
ATTORNEYS: Plaintiff - John N. Quisenberry, Robert J. Drexler, Jr., Henry G. Weinstein (The Quisenberry Law Firm, Los Angeles)
Defendant - Michael S. Kun (Epstein, Becker & Green, Los Angeles)
FACTS: Two of defendant's former California Assistant Kitchen Managers alleged, among other things, that persons in that position had been misclassified as exempt to employees and were entitled to overtime pay; as well as meal and rest break premiums.
PLAINTIFF'S CONTENTIONS: Class members were improperly classified as exempt from receiving overtime pay.
DEFENDANT'S CONTENTIONS: Defendant disputed the allegations.
RESULT: Settlement, $6.5 million.
OTHER INFORMATION: The lawsuit was pending in the Superior Court for Orange County since 2002. The Settlement to the 76 person class was approved by the court in December 2006. In addition, the Company will be reclassifying its Assistant Kitchen Managers as non-exempt employees so that they will be eligible for overtime.
