Case Information
Farmer et al v FHR San Francisco Operations, LLC
Superior Court of California County of San Francisco
Case No. CGC-20-588472
About This Case
NOTICE OF PROPOSED CLASS ACTION SETTLEMENT
SUPERIOR COURT OF CALIFORNIA FOR THE CITY AND COUNTY OF SAN FRANCISCO
Michael N. Farmer, et al. v. FHR San Francisco Operations, LLC,Case No. CGC-20-588472
A court authorized this notice. This is not a solicitation from a lawyer.
DID YOU WORK AT THE HOTEL FAIRMONT SAN FRANCISCO AS AN HOURLY, NON-EXEMPT EMPLOYEE DURING THE PERIOD OF DECEMBER 9, 2016, TO NOVEMBER 29, 2023? IF YES, YOU ARE ENTITLED TO A SHARE OF THIS PROPOSED CLASS ACTION SETTLEMENT.
PLEASE READ THIS NOTICE CAREFULLY TO UNDERSTAND YOUR RIGHTS
A proposed class action settlement (“the Settlement”) has been reached between plaintiffs Michael N. Farmer, Raul Contreras, and Silvio Ocampo (hereinafter “Plaintiffs”) and defendant FHR San Francisco Operations LLC (hereinafter “Defendant”) (collectively “the Parties”).
The Settlement resolves a putative class and representative action brought by Plaintiffs in which they allege that Defendant has failed to: (1) Pay All Hours Worked; (2) Pay All Minimum Wages Due; (3) Pay Overtime Compensation; (4) Provide Meal Periods; (5) Provide Rest Periods; (6) Provide Adequate Wage Statements; and (7) Pay Waiting Time Penalties. Plaintiffs’ representative action was brought under the California Private Attorneys General Act, Cal. Labor Code section 2698 et seq. Plaintiffs also maintain that the aforementioned allegations led Defendant to violate California Business and Professions Code section 17200 et seq. (unfair competition).
Defendant has denied, and continues to deny, the factual allegations and legal claims asserted by Plaintiffs in this lawsuit. Defendant does not admit to liability on any of the factual allegations or claims asserted in the lawsuit, or that the lawsuit can or should proceed as a class or representative action.
After extensive negotiations, the Parties reached this proposed settlement based upon all known facts and circumstances, including the various risks and uncertainties related to continued litigation.
The Settlement calls for eligible employees to receive individual settlement payments based on workweeks worked during the time period of December 9, 2016, to November 29, 2023 (sometimes referred to as the “Class Period”).
The Settlement also provides PAGA payments to eligible employees based on pay periods worked between March 3, 2020, through November 29, 2023 (hereinafter the “PAGA Period”).
OVERVIEW OF YOUR LEGAL RIGHTS AND OPTIONS UNDER THE SETTLEMENT | |
|---|---|
DO NOTHING | You are not required to do anything to receive an individual settlement payment or a PAGA payment. Subject to the Court’s Final Approval of the Settlement, you will receive a settlement payment and a PAGA payment (if applicable) at the address where the Notice was mailed (unless you timely provide a forwarding address to the Settlement Administrator). In exchange for the settlement payment, you will give up your claims implicated by this case, those within the scope of the release, specifically outline in the Notice, section 7. Please inform the Settlement Administrator if your mailing address changes. |
EXCLUDE YOURSELF | You may exclude yourself from or “opt-out” of this Settlement by following the instructions detailed in the Notice (section 10). If you submit a valid Request for Exclusion, you will not receive a settlement payment, and you will not be subject to the class release specified in the Notice (section 7). You are not permitted to object to the Settlement if you exclude yourself from the Settlement. However, under California law, there is no statutory right for any Settlement Class Member to object to, opt out of, or otherwise exclude himself or herself from the settlement of the PAGA claims. |
OBJECT | If you wish to object to the Settlement, you must submit a written Notice of Objection and any supporting papers to the Settlement Administrator, as further explained in the Notice (section 12) Your Notice of Objection must be postmarked, faxed, or e-mailed by no later than February 17, 2024. |
The above rights and options, and how to exercise them, are explained in more detail in the notice.
The Court handling this case still has to decide whether to grant final approval of the Settlement. Thus far, the Court has granted preliminary approval, indicating that the Settlement is within the range of reasonableness. Settlement payments will only be issued if the Court grants final approval of the Settlement.
Important Dates
Final Approval Hearing 02/16/2024 |
Opt Out Deadline 02/17/2024 |
Objection Deadline 02/17/2024 |
Dispute Deadline 02/17/2024 |