Then come the cheese cubes marketed as snack pairings: pear flavor with nuts or Gorgonzola with pretzels. Another course features frozen food made with Leprino products, including ham-and-cheddar Hot Pockets, Stouffer's lasagna and Smart Ones baked ziti. Then come flavored cheeses made with a mozzarella base, as well as provolone, cheddar and Monterey Jack.Ĭooks bring out a take-and-bake pizza, a New York-style pie and a stuffed crust, fresh from nearly a dozen ovens. First, thin wisps of low-moisture mozzarella, then a diced alternative, followed by an "artisanal" version, cut short and wide. These include the number of miles driven, reimbursements they received from Tips, Inc., the number of weeks worked by members of the meal and rest break class, and a minimum payment for those who are non-participating members of the meal and rest break class unless they opt out of the settlement.AN AVALANCHE OF CHEESE pours into the test kitchen at the Denver headquarters of Leprino Foods, the mozzarella supplier to Pizza Hut, Domino's and Papa John's. The motion for approval of the settlement states payment to each member depends on factors. Members of the meal and rest break settlement class, who were not required to opt in, have only released claims under Colorado’s law related to missed breaks, but not claims under the FLSA. improperly reimbursed them for mileage opted into the plaintiff class and have released any claims related to mileage reimbursement or missed rest and meal breaks, either under the FLSA or Colorado law.
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Lingering disputes include whether the case could go to trial as a class action and applicability of possible penalties.Īccording to the settlement, members of the FLSA settlement class who claimed Tips, Inc. The parties also recognized several questions of law and fact remain in dispute, creating risk related to the uncertainty of possible damages. But both parties recognized the uncertainty of an outcome at trial and the time and expenses required by continuing litigation. has not admitted wrongdoing and does not believe class status is appropriate for the case except for purposes of the settlement, while Murray believes she would win on the claims from both classes. However, he eventually withdrew from the case and Murray volunteered to take his place as the representative plaintiff. Their combined claims total $258,000, according to the document.Īccording to the motion, the case was originally filed in April 2018 by Jeremy Fletcher on behalf of class members. An attorney at Forester Haynie representing the workers also declined comment.Ī document listing the names of a few hundred workers who could receive compensation from the case shows their individual claim amounts range from about $66 to more than $12,000 based on the number of miles they drove and reimbursements they already received. reimbursed Murray $0.26 per mile, while at the time the federal mileage reimbursement rate was $.535 to $.56.Īttorneys at Spencer Fane who represented Tips, Inc. The August 2019 complaint claimed Tips, Inc. He also approved a $5,000 participation award for plaintiff Sheretta Murray, who acted on behalf of the case’s class members. District Judge Raymond Moore approved $179,850 in attorney fees and $14,424.65 in costs.
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agreed to pay $545,000, including attorney fees and costs, which the parties agreed wouldn’t amount to more than one-third plus $15,000 of the total settlement.
and did not opt out of the settlement.Īccording to a motion filed in March by the parties for approval of the settlement, Tips, Inc. who as of Jworked 32 or more hours per week for at least half the weeks they were employed by Tips, Inc. The “Meal and Rest Break Settlement Class” includes includes Colorado employees of Tips, Inc. between Apand Jand opted in as members of the class.
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The “FLSA Settlement Class Members," referring to the Fair Labor Standards Act, include Colorado delivery drivers who worked for Tips, Inc.
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