Rachell Cleaves, Susan Neuberg, Gale Cagan, and Kimberly Handley v. Jenny Craig, Inc.; Jenny Craig Weight Loss Centres
Case Summary
Mass & Montes currently represents Rachell Cleaves, Susan Neuberg, Gale Cagan, and Kimberly Handley in the case of Cleaves, et al. v. Jenny Craig, Inc., et al., in the Los Angeles Superior Court, Case No. BC354904 (June 30, 2006).
The class representatives (RaChell Cleaves, Susan Neuberg, Gale Cagan, and Kimberly Handley) brought this lawsuit on behalf of two classes: (1) all current and former "Centre Directors" in California misclassified as exempt salaried workers; and (2) all current and former nonexempt employees in California working under the job titles “Weight Loss Counselor,” “Program Consultant,” “Program Director,” “Customer Service Coordinator,” and/or equivalent positions (collectively called “Consultants”).
The Complaint asserts that Managers and Manager Subclass members spent the majority of their work time engaged in the same kinds of tasks as their subordinates, including consulting with customers, filling customer orders, invoicing food and products, stocking shelves with food and products, cutting down boxes when shipments arrive, filing customer charts, and making confirmation calls to customers. They also have acted as the designated “receptionist” for each Jenny Craig Centre since they are expected, as part of their job, to answer incoming calls to each Centre.
The Complaint also asserts that Jenny Craig, Inc. maintained a work atmosphere that discouraged Consultants from recording all hours worked and that they routinely worked “off-the-clock”, including overtime hours. In addition, since consultants were required to schedule customer appointments from the start of their shifts through to the end of their shifts. Since sufficient time was not provided between scheduled appointments to perform this work, the Consultants were required to work during their unpaid lunch periods and after the end of their scheduled shifts to complete this, and other, required paperwork.
The case alleges numerous wage and pay violations under California law for: (1) failure to pay wages, minimum wages, and overtime; (2) failure to provide meal periods and rest breaks; (3) failure to reimburse employee expenses; (4) failure to provide accurate wage statements; (5) failure to timely pay wages due at termination; (6) unfair business practices; and (7) conversion.
On November 14, 2007, Los Angeles Superior Court Judge Malcolm Mackey issued an order GRANTING final approval of the settlement in the amount of Six Million Five Hundred Thousand Dollars ($6,500,000.00), and appointing Robert Montes as Class Counsel.
On November 19, 2008, the appeal from Judge Mackey’s November 14, 2007, Order granting final approval of the settlement was dismissed. Should you have any questions, please contact Robert Montes by email at rmontes@massmontes.com or by telephone at (310) 651-9955.