Case: Rivera, et al. v. Grand Pacific Resort Services, L.P. (Case No. 37-2012-37-2012-00086103-CU-OE-CTL)
Court: Superior Court of San Diego
Judges: Joel E. Pressman
Date: January 17, 2017
Recovery: Total settlement of $1,686,000 in favor of approximately 1,200 housekeepers.
Facts and Allegations
Defendant Grand Pacific Resorts Services, L.P. (“Hotels”) is the parent company of approximately 19 resorts and hotels throughout California, with its headquarters in Carlsbad.
When occupancy rates would go up, the more cleaning staff was needed. Instead of employing more part-time employees, the Hotels would use “staffing agencies” to fill the positions when the work required. But, aside from paying them, the staffing agencies had no involvement in the day-to-day operations of the housekeepers. And, when the Hotels changed staffing agencies in order to get a better price, it would still use same housekeepers.
The staffing agencies, nor the Hotels were paying these housekeepers for, among other things, premium pay for late or missed meal periods, and overtime worked. Plaintiffs claimed that the Hotel was the joint employer of those housekeepers staffed by third parties, and was required to follow California law.
The parties settled pre-certification.