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NORTHERN CALIFORNIA RECORD

Saturday, April 27, 2024

PAGA action claims Chico's FAS violated California labor laws; Chico's denies allegations

Lawsuits
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Nicholas De Blouw | BLUMENTHAL NORDREHAUG BHOWMIK DE BLOUW LLP

Women's clothing retailer, Chico's FAS, has been accused of allegedly underpaying its workers and violating other California labor laws in a representative action lawsuit. 

The plaintiff, Marlin Mejia, filed the suit on her own behalf, and on behalf of her coworkers, in the place of the state of California as a private attorney general.

The lawsuit only seeks civil penalties allowable under California's Private Attorneys General Act (PAGA), plus attorney fees.

The PAGA law has drawn calls for reform from critics, who assert the law has served to generate thousands of lawsuits against employers and windfall fees for attorneys who bring the actions against employers, as well as civil penalties paid to the state, but much fewer real benefits for workers.

The case was initially filed in November 2023 in Los Angeles County Superior Court but was later moved to federal court in San Francisco on Feb. 20. Chico's FAS has denied all allegations mentioned in the complaint.

The plaintiff alleges that Chico's FAS violated various sections of the California Labor Code, including failing to pay all wages earned, failing to provide uninterrupted meal breaks and rest periods, and failing to provide seating for workers as allegedly required by state regulations. 

The plaintiff is not seeking any damages beyond those permitted by PAGA.

The plaintiffs are represented by attorneys Norman B. Blumenthal, Kyle R. Nordrehaug, Aparajit Bhowmik, Nicholas J. De Blouw and Jeffrey S. Herman, of Blumenthal Nordrehaug Bhowmik De Blouw, of La Jolla.

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