Schoenfeld, et al v. SF Navigatour

The lawsuit alleges that SF Navigatour, Inc. (1) failed to provide duty-free meal/rest periods or pay wages for those periods, (2) failed to pay accrued wages, (3) failed to pay overtime wages, (4) misappropriated tips, (5) failed to pay all wages due at termination, (6) failed to provide proper pay statements, (7) failed to maintain proper pay records, and (8) committed unfair competition.  Under the proposed Settlement SF Navigatour, Inc. will pay a Gross Settlement Amount of three hundred and fifty thousand dollars ($350,000.00). Subject to Court approval, $115,000 for attorneys’ fees for class counsel and $4,000 in litigation costs will be deducted from the Gross Settlement Amount.  In addition, $10,000 will be paid to the Settlement Administrator for administering the Settlement, and collectively, the Class Representatives will receive $20,000 for the work and risk they undertook in prosecuting the action and creating the Class Settlement.  Finally, $1,000 will be paid from the Gross Settlement Amount to the California Labor and Workforce Development Agency to resolve the claim for penalties under the Labor Code Private Attorney General Act.  The remaining $200,000 (the Net Settlement Amount) will then be distributed on a pro rata basis (based on work weeks within the class period) to Class Members who do not submit an exclusion request.  As a part of the Settlement, SF Navigatour is separately paying the employer portion of all payroll taxes relating to the Class Members’ payments. If there is any residue, such as from uncashed checks, SST will be reimbursed for employer payroll taxes and any further residue will be paid to a non-profit called the Employee Rights Advocacy Institute for Law and Policy in San Francisco [or such other cy pres as the Court approves].  The Superior Court granted final approval of the class action settlement on November 12, 2013, with payments scheduled in late 2014.