Taylor Farms Will Pay $5.3 Million to End California Wage Suit

Taylor Farms and more than 4,000 employees in California reached a $5.3 million settlement to resolve a state-wide class action alleging various state wage and breaks violations, and are now asking a federal judge in Sacramento to grant final approval of the deal.

The class members would divvy up about $3.05 million under the proposed deal, with individual payouts made based on the amount of pay periods worked during the relevant period. The average payout is about $745, and the highest is more than $7,100.

Class counsel requested roughly $1.85 million, or 35% of the total amount, in attorneys’ fees, plus about $250,000 in costs.

If approved, the settlement would resolve claims brought in 2013 by five employees who worked at a Taylor Farms facility in Tracy, Calif., on behalf of other similarly situated workers.

The employees alleged Taylor Farms violated the California Labor Code by failing to pay them for time spent performing necessary pre and post-shift work duties, like donning and doffing protective gear, and ensure they received uninterrupted meal and rest breaks.

The proposed deal also provides $7,500 service awards for each of the five named plaintiffs, $23,000 for claims administration costs, and $75,000 in penalties under California’s Private Attorneys General Act.

The proposal received preliminary approval in November 2020. Since then, no class member has objected to the deal’s terms, and only 20 individuals have opted out, according to the motion submitted Feb. 5 to Judge Kimberly J. Mueller of the U.S. District Court for the Eastern District of California.

The employees are represented by Wilson Turner Kosmo LLP, Parris Law Firm, Downey Law Firm, and Chandler Law. Taylor Farms is represented by Gibson Dunn and Crutcher LLP.

The case is Pena v. Taylor Farms Pacific, Inc., E.D. Cal., No. 2:13-cv-01282, 2/5/21.