FRESNO — A federal judge granted final approval of a class action settlement in a lawsuit against Ulta.
U.S. District Judge Dale A. Drozd approved a settlement on March 26 that involved $1.13 million in attorneys' fees and up to $44,825.32 in expenses. Each of the named plaintiffs will receive $10,000 as incentive payments and Simpluris Inc. will receive $16,000 in settlement administration costs and expenses.
Drozd noted in the order that none of the class had filed an objection regarding the settlement.
"The absence of objections to a proposed class action settlement in this case strongly supports the conclusion that the settlement is fair, reasonable, and adequate," Drozd wrote in the order.
Drozd wrote that there were no class members who appeared at the final fairness hearing to raise any objections to the settlement and, considering that, it weighs significantly in favor of granting approval of the class-action settlement.
The lawsuit was first filed on June 23, 2017by Elizabeth Wise against Ulta Salon, Cosmetics & Fragrance and 100 unknown, unnamed individuals.
Wise was employed by Ulta beginning on Sept. 11, 2015, and worked as a hairstylist in the Modesto location. She claimed that in addition to providing hairstyling services, she also had to do other jobs, such as assisting in store duties, going on supply runs and doing laundry.
Wise claimed she and other stylists were not paid properly and ULTA failed to include commissions and other items of compensation into their regular pay.
ULTA allegedly failed to provide paid rest periods, failed to pay separately and hourly for rest and recovery periods and non-productive time, failed to pay premiums for the non-compliant meal and rest periods at the correct rate, failed to pay overtime and failed to furnish accurate itemized wage statements, according to the suit.
Wise was represented by Robert J. Wasserman, William J. Gorham III, Nicholas J. Scardigli and John P. Briscoe of Mayall Hurley PC.
U.S. District Court for the Eastern District of California case number: 1:17-cv-00853