University of San Francisco settles wages litigation for $3.88M

If you are a part-time adjunct instructor employed by the University of San Francisco (USF) between January 4, 2017, and September 8, 2020, you may be eligible to claim a monetary award from a class action settlement.

The University of San Francisco has agreed to pay $3,888,888 to settle a class action lawsuit for alleged failure to pay overtime wages, failure to provide compliant rest and meal breaks, failure to issue accurate itemized wage statements, and failure to reimburse necessary expenses.

Who can submit a claim?

Class Members are divided into three categories: Unpaid Wage Class, Wage Statement Class, and Expense Reimbursement Class. Each category has specific criteria for inclusion:

• Unpaid Wage Class
• all part-time adjunct instructors employed by USF from January 4, 2017, to September 8, 2020, who earned less than the minimum monthly salary threshold for each year during this period.
• Thresholds
• 2017: $3,640.00
• 2018: $3,813.33
• 2019: $4,160
• 2020: $4,506.67

• Wage Statement Class:
• part-time adjunct instructors employed by USF from January 4, 2020, to September 8, 2020, who earned less than $4,506.67 in any calendar month.
• includes part-time adjunct instructors who were omitted from the class list in the earlier Gola v. University of San Francisco case.

• Expense Reimbursement Class: all current and former employees of USF who worked remotely in California from March 11, 2020, to July 31, 2021.

How much can class members get?

The settlement fund of $3,888,888 will be distributed among the Class Members after deducting certain amounts for settlement administration, employer-side payroll taxes, service payments to the plaintiffs, attorneys' fees, and litigation costs. The remaining amount, known as the Net Settlement Amount (NSA), will be approximately $2,362,592.

The NSA will be distributed as follows:

• 65% (approximately $1,535,684.80) to the Unpaid Wage Class Members, based on the number of qualifying months worked during the class period. A 2.5 multiplier will be applied to the work months of Nursing Part-time Adjunct Instructors.
• 15% (approximately $354,388.80) to the Wage Statement Class Members, based on the number of qualifying work months during the class period and the certified class period in the Gola case.
• 20% (approximately $472,518.40) to the Expense Reimbursement Class Members, based on the number of work months during the class period. A 4.0 multiplier will be applied to work months before August 1, 2021.

Is proof required to submit a claim?

The Settlement Administrator already has the necessary information to determine eligibility.

How do I get paid?

Class Members will receive their payments via check mailed to the address provided in their claim form. Ensure that your address is up-to-date to avoid any delays in receiving your payment.

$3,888,888 Settlement Fund Breakdown

The settlement fund of $3,888,888 will cover the following:

• Settlement administration costs: up to $35,000
• Employer-side payroll taxes: estimated at $20,000
• Service payments to plaintiffs: up to $7,500 each
• Attorneys' fees: up to $1,296,296
• Litigation costs: up to $60,000
• PAGA penalties: $100,000 (75% to the LWDA, 25% to Aggrieved Employees)
• Net Settlement Amount: approximately $2,362,592

Important dates

• Opt-Out Deadline: 09/27/2024
• Dispute Deadline: 09/27/2024
• Final Approval Hearing: 11/15/2024 at 9:00 a.m.

When is the USF Settlement payout date?

The payout date for the settlement has not been specified as of the date of publishing. It will be determined after the Final Approval Hearing on November 15, 2024.