In Otsuka, et al. v. Polo, in U.S. District Court in California, the plaintiffs alleged that they routinely missed or had their rest periods interrupted. The plaintiffs also contended that they were required to perform work after the end of their shift. Some of the plaintiffs also alleged that they were misclassified as exempt from overtime pay. The plaintiffs were former and present retail sales employees of the defendant.
In the project we prepared and administered a survey of a random sample of plaintiffs. In the analysis, we studied the percentage of respondents who reported working without an uninterrupted break. We also used the employer’s payroll and time punch documents to provide insights into the plaintiffs’ OT misclassification, related allegations, wage and hour violation penalties, and class wide economic damages.
The case went to trial in Federal Court in California. Dr. Dwight Steward testified live at trial regarding the plaintiffs’ allegations and economic damages. The case settled midway through the trial.