HOW MUCH IS YOUR TIME WORTH?
January 5, 2009
On February 13, 2008, we filed a class action lawsuit on behalf of Kenneth Amodeo and pharmacists such as yourself against Vons/Safeway for missed meal and rest breaks. Donald J. Tormey filed a similar lawsuit in San Diego. Your rights could be affected because Vons/Safeway has now made a potential class action settlement with Tormey.
How much is your time worth? California law says that a person who is denied his/her meal and rest breaks during an 8-hour shift is entitled to TWO HOURS of back pay and perhaps more depending upon penalties and other circumstances. A pharmacist earning $50 per hour would be entitled to $100 of back pay for each 8-hour shift in which meal and rest breaks were denied (or $500 for every 40-hour work week). Vons/Safeway and San Diego pharmacist Donald J. Tormey have agreed to settle all missed meal and rest break claims for the putative class (including you) for approximately $4 per week – and they are about to ask the court to approve their agreement (the “Tormey Settlement”) which will net the entire class less than $760,000.
According to Tormey’s attorneys, under the proposed Tormey Settlement, the maximum individual lump-sum payment would be $1,133.33 and “the average member of the putative class [Vons/Safeway pharmacists] will receive $439.56” to settle ANY and ALL meal and rest break claims that arose over a four-year period. At the same time, Donald J. Tormey will be paid an additional $10,000 and his attorneys will be paid approximately $200,000. But you don’t have to sit idly by and accept this settlement. If you agree with us that the Tormey Settlement is woefully inadequate, unfair and unreasonable, you can and should take steps now to protect yourself:
(1) Voice your objection to the Tormey Settlement immediately by completing and digitally-signing the ONLINE Declaration today . Complete, sign and submit all online.
(2) If you choose, DOWNLOAD a copy of the Declaration ... then complete, print, sign and FAX it to (818) 975-9999.
