Suarez v. Bank of America N.A.

Background

These related putative class actions were brought by current and former nonexempt California employees of Bank of America. The plaintiffs alleged that the Bank failed to pay for off-the-clock work, provide required meal and rest breaks, and reimburse work-related expenses. The claims arose under the California Labor Code, California’s Unfair Competition Law, and California’s Private Attorneys General Act (PAGA), which allows certain employees to seek civil penalties on behalf of themselves and the state.

The parties reached a settlement in both cases. The court had previously granted preliminary approval, certified a settlement class for settlement purposes only, approved the notice, appointed the class representatives and counsel, appointed a settlement administrator, and consolidated the cases for settlement purposes. The court held a fairness hearing on January 11, 2024.

Final Settlement Approval

The court found the settlement fair, adequate, and reasonable and granted final approval. The completed settlement covered 16,577 class members, compared with an earlier estimate of 12,000. The gross settlement amount increased from $1,500,000 to $1,890,000 under an escalator provision. Four class members opted out, and no class members objected.

The judgment released the covered class and PAGA claims for the plaintiffs, participating class members, the state Labor and Workforce Development Agency, and aggrieved employees, as applicable under the settlement. Those persons and entities were enjoined from filing or prosecuting other proceedings involving the released claims. The parties were ordered to implement the settlement according to its terms. The court retained continuing jurisdiction to supervise and interpret the settlement and judgment.

Attorney Fees and Costs

Class counsel requested attorney fees equal to one-third of the gross settlement fund, or $630,000, and $203,430.31 in costs. The court approved both requests. It evaluated the fee request under the percentage-of-the-fund method and used the attorneys’ time and billing information as a lodestar cross-check. A lodestar is an estimate based on reasonable hours multiplied by reasonable hourly rates. The court found the requested fees reasonable based on the benefits obtained, the risks and complexity of the litigation, the history of the two cases, and the supporting records. It also found the requested costs reasonable.

Service Awards and Other Payments

The court approved service awards of $10,000 for each class representative. It found that the representatives had made unusually extensive efforts and that comparable awards had been approved in similar cases.

The court approved $70,000 from the gross settlement fund for CPT Group, Inc.’s settlement-administration expenses. It also approved a $75,000 payment from the fund to the Labor and Workforce Development Agency under the previously approved PAGA allocation. Uncashed checks remaining after 180 days were to be handled under California’s unclaimed-property laws, while the affected class members remained subject to the settlement terms.

Disposition

The court approved the class-action settlement and stated that the order disposed of ECF Nos. 208 and 210 in Case No. 18-cv-01983-LB. The court said it would separately enter judgment. If the settlement did not become final and effective under its terms, the judgment and related orders and releases would become void and be vacated. Judge Laurel Beeler signed the order as a United States Magistrate Judge.