Practice Groups

Case Summary

Jackson DeMarco Tidus Peckenpaugh ("JDTP") represents Ms. Dibel and dozens of other plaintiffs in the case of Dibel, et al. v. Jenny Craig, Inc. et al., U.S. District Court Case No. 3:06-cv-02533 BEN(AJBx) 2006. Additional named parties include Jenny Craig International, Inc. ACI Capital, Midocean Partners, and Nestle USA, Inc.

The Dibel lawsuit asserts that Jenny Craig, Inc. and other defendants maintained a work atmosphere that discouraged the Plaintiffs from recording all hours worked and that the Plaintiffs routinely worked “off-the-clock”, including overtime hours, but the Defendants failed to pay overtime compensation for these hours worked. The Plaintiffs are seeking damages in the amount of their respective unpaid wages, including unpaid straight time wages; unpaid overtime compensation; and liquidated damages as provided by the FLSA for all work performed before and after the Plaintiffs’ regularly scheduled shifts, interrupted rest periods and other required activities that are routinely not compensated.

The Plaintiffs contend that they were instructed to schedule customer appointments from the start of their shifts through to the end of their shifts. The managers and other employees who scheduled appointments for Customer Service employees also carried out this practice. As a result of this practice, Plaintiffs were required to arrive before the start of their scheduled shifts to pull and review customer files before the scheduled start of their shifts. Additionally, the Plaintiffs were required to record information from each customer appointment, including but not limited to weight loss or gain and foods ordered. This information then had to be transferred to various forms and computer records. Since sufficient time was not provided between scheduled appointments to perform this work, the Plaintiffs were required to work during their unpaid lunch periods and after the end of their scheduled shifts to complete this, and other, required paperwork.

The Hoke cases are two of a number of FLSA class action lawsuits being pursued by JDTP and alleging labor code and FLSA overtime violations. Similar cases include: Abbe, et al. v. City of San Diego; Alaniz, et al. v. City of Los Angeles; Nolan, et al. v. City of Los Angeles and Reed v. County of Orange. Additionally, JDTP has considerable litigation experience as Plaintiffs' and Defense attorneys in lawsuits which allege that private entities misclassified employees with management sounding titles as exempt and other labor law violations. Representative FLSA overtime class actions or potential class actions include: Boyce v. 24 Hour Fitness; Coldiron v. Pizza Hut; Dibel et al. v. Jenny Craig, Inc., et al. and Rosello v. Domino’s Pizza.

Court Documents

	First Amended Complaint and Demand for a Jury Trial; November 15, 2006
	Answer of Defendant Jenny Craig, et al. to First Amended Complaint; November 17, 2006

Join this Lawsuit

If you feel that you have worked for Jenny Craig under similar circumstances and you would like to join this case, you will need to complete and return a Consent to Join form. As in all FLSA cases, the statute of limitations continues to run against the claimant until they join the lawsuit.

If you want to join the Dibel, et al. v. Jenny Craig, Inc, et al. lawsuit, it is important you do so as soon as possible. It can make a difference financially, since the less time you are a part of the case, the less time we can recover overtime on your behalf.

Consent to Join form for Dibel, et al. v Jenny Craig, Inc. et al.

You can also request a “Consent to Join” form and the other necessary documents by contacting JDTP at (866) 855-4275.

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