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Kane County Personnel Inc. AKA Manpower Staffing

Staffing Co. Strikes $1.5M Deal To End Vacation Pay Suit By Ben James Law360, New York (May 18, 2012, 2:44 PM ET) -- A $1.5 million settlement should end class action claims brought against Manpower Inc (/companies/manpower-inc). franchisee Kane County Personnel Inc. on behalf of thousands of workers who alleged the staffing company ran afoul of Illinois law by failing to give them accrued vacation pay, the plaintiff said Thursday. The settlement does not affect the lawsuit with respect to Manpower Inc. and Manpower of Indiana LP, which were also named as defendants in the case. But it does cover the claims of named plaintiff and former temporary worker Jessica Gomez, and a class of thousands, against Kane County Personnel. Of the 17,825 eligible class members, none filed objections to the pact and only nine opted out, the plaintiff argued in a memorandum of law supporting a motion for final approval. "This court should grant final approval because the parties' class action settlement agreement is fair, adequate and reasonable: Indeed, the settlement provides an outstanding result for the settlement class," Thursday's memorandum said. The case was filed in June 2009. In a March 2010 amended complaint, the plaintiffs alleged that the defendants had a common policy of only providing vacation pay after a minimum number of hours of work. If employees stopped working before that minimum-hour threshold, they would forfeit any vacation pay earned, the complaint said. The Illinois Wage Payment and Collection Act says that vacation time vests and labor is rendered, that employees are entitled to a pro rata share of vested vacation pay upon termination and that accrued vacation is part of workers' wages and can't be forfeited. The settlement called on Kane County Personnel to pay up to $1.5 million to cover payouts to class members, attorneys' fees and costs, and settlement administration costs. Plaintiffs' counsel is seeking one-third of maximum settlement amount to cover fees, as well as $8,391.17 for costs and expenses. Gomez is also in line for a $7,500 service payment in light of her contributions to the litigation, which included sitting for a four-hour deposition, Thursday's memorandum said.
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Vernon Hills, Illinois