Velarde

Velarde v. Pace Membership Warehouse, Inc.

Good Law

105 F.3d 1313·97 Daily Journal DAR 1081·1997 WL 30986·20 Employee Benefits Cas. (BNA) 2479·1997 U.S. App. LEXIS 1461

United States Court of Appeals for the Ninth CircuitJanuary 29, 1997Nos. 95-17190, 95-17278California3,658 words

Opinion

Lead Opinion

Fletcher, J.

Opinion by Judge FLETCHER.

PACE Membership Warehouse, Inc. (“PACE”) appeals from a district court grant of summary judgment in favor of 25 former PACE employees (“plaintiffs” or “employees”) and from an award of treble damages and attorney’s fees to the plaintiffs. The employees cross-appeal from the district *1315 court’s decision limiting attorney’s fees. The district court exercised jurisdiction pursuant to 28 U.S.C. § 1382 (a)(1). We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 , and we affirm.

I. BACKGROUND

In November 1993, PACE Membership Warehouse, Inc. in Tucson, Arizona notified its workers that they would be terminated effective January 1, 1994 because the Warehouse was going to be permanently closed. In mid-December 1993, PACE made offers to a number of employees, including the 25 plaintiffs, to become members of the “stay on team.” This offer was contained in a letter (“Stay On Letter”) which was drafted by PACE and signed by each of the plaintiffs.

The Stay On Letter provided that, if the solicited employee worked through the approximate date of January 18, 1994, 1 she would receive a “stay on bonus” and severance pay. The stay on bonus…

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