Torchia v. W.W. Grainger, Inc.

ORDER GRANTING IN PART PLAINTIFF’S MOTION FOR ATTORNEY FEES AND CLASS REPRESENTATIVE ENHANCEMENT (Doc. 38)

ORDER GRANTING THE PARTIES’ JOINT MOTION FOR FINAL APPROVAL OF CLASS SETTLEMENT (Doc. 42)

Plaintiff Kathy Torehia and Defendant W.W. Grainger, Inc. seek certification of the Settlement Class and final approval of the settlement terms. (Doc. 42.) In addition, Plaintiff seeks an award of attorney’s fees from the Settlement fund; costs in the amount of $10,000; and a class representative enhancement. (Doc. 38.) Defendant does not oppose these requests, and no objections were filed by class members.

For the following reasons, final approval of the Settlement is GRANTED. In addition, Plaintiffs request for attorney fees is GRANTED in the modified amount of 20% of the gross settlement, and her request for an incentive payment is GRANTED in the modified amount of $7,500.

FACTUAL AND PROCEDURAL HISTORY

Plaintiff initiated this action by filing a complaint in Kern County Superior Court on May 31, 2013. (Doe. 1 at 11.) She brought her claims “on behalf of herself and all other similarly situated current and former employees of [Defendant].” (Id. at 13.) Defendant filed a Notice of Removal on September 6, 2013, thereby initiating the matter before this Court. (Doe. 1.) Defendant asserted the Court has original jurisdiction over the action pursuant to the Class Action Fairness Act, because the parties are diverse and the matter in controversy exceeded $5 million. (Id. at 3^4.)

Plaintiff filed a First Amended Complaint on November 12, 2013. (Doc. 14.) Plaintiff asserts Defendant is liable for (1) failure to pay minimum wages in violation of Cal. Labor Code §§ 1197, 1194 and 1194.2; (2) failure to pay overtime in violation of Cal. Labor Code § 510; (3) failure to provide meal periods or additional wages in lieu thereof; (4) failure to provide rest periods or additional wages in lieu thereof; (5) failure to issue accurate wage statements in violation of Cal. Labor Code § 226; (6) failure to reimburse employees for business related expenses in violation of Cal. Labor Code § 2802; (7) failure to timely pay wages due to upon termination in violation of Cal. Labor Code §§ 201, 202 and 203; (8) and violations of California’s unfair competition laws, as set forth in Cal. Bus & Prof.Code § 17200 et seq. (See id. at 12-26.) Further, Plaintiff sought penalties pursuant to the Private Attorneys General Act (“PAGA”) for the alleged Labor Code violations. (Id. at 26.) Defendant filed its Answer on December 13, 2013. (Doc. 15.)

The Court issued its Scheduling Order governing the action on January 9, 2014. (Doc. 18.) The parties engaged in discovery, and Plaintiff “issued formal written discovery requests in or about February 2014.” (Doc. 25 at 11.) In response to the requests for discovery, Defendant “produced extensive electronic data and hard copy documents equivalent to thousands of pages of documentary evidence.” (Id.) In addition, Plaintiff took the deposition of Brian Williams, Defendant’s Regional Vice President of Customer Service and Defendant’s person most knowledgeable pursuant to Federal Rule of Civil Procedure 30(b)(6). (Id.)

The parties engaged in private mediation with Mark Rudy on May 15, 2014. (Doc. 25 at 11.) Athough the matter was not resolved on that date, the parties continued to work with Mr. Rudy, and “ultimately gave their tentative agreement to the terms of a settlement on or about May 28, 2014.” (Id. at 12.) Plaintiff filed an unopposed motion for preliminary approval of the class settle*263ment and conditional certification of the Settlement Class on July 16, 2014. (Docs. 24-25.)

The Court granted preliminary approval of the class settlement on August 13, 2014. (Doc. 33.) The Court appointed Plaintiff as the Class Representative, and authorized Plaintiff to seek an award enhancement up to $20,000 for her representation of the class. (Id. at 17.) In addition, the Court appointed S. Brett Sutton and Jared Hague as the Class Counsel, and authorized Class Counsel to seek fees that did not “exceed 33 1/3% of the gross settlement amount and costs up to $10,000.” (Id. at 18-19.) On August 28, 2014, the Court approved the Class Notice that conveyed this information to Class Members. (Doc. 35.) In addition, the Class Notice Packet informed the Class Members of the nature of the action, the class definition approved by the Court, the claims and issues to be resolved, how a class member may enter appear through an attorney or chose to be excluded from the class, the time and method to opt-out of the class, and the binding effect of a class judgment. (See id.)

The Settlement Administrator mailed the Class Notice Packet to 2,047 Class Members. (Doc. 45 at 3, Behring Decl. ¶ 6.) Of the mailed Notices, 18 were undeliverable because the Settlement Administrator was unable to locate a current address. (Id., ¶ 10.) Class Members were instructed to submit Claim Forms on or before November 17, 2014 to receive a settlement share. (Doc. 33 at 18.) A total of 909 Class Members submitted the requisite Claim Form. (Doc. 45 at 4, Behring Decl. ¶ 14.) In addition, the Settlement Administrator received 94 Exclusion Forms, eight of which were deemed invalid because “the Class Members also ... timely filed Claim Forms.” (Id., ¶ 16.) No objections were received by the Settlement Administrator or filed with the Court.

The parties filed the joint motion for final approval of the Settlement on December 1, 2014. (Doc. 42.) The parties have consented to the jurisdiction of the assigned magistrate judge pursuant to 28 U.S.C. § 636(e)(1) for the limited purposes “of approval and administration of the settlement agreement recently entered into by the parties.” (Docs. 21, 22.)

SETTLEMENT TERMS

Pursuant to the settlement agreement (“the Settlement”), the parties agree to a gross settlement amount not to exceed $2,750,000. (Doe. 26 at 19, Settlement ¶¶ 22-23.) Defendant agrees to fund the Settlement by providing funds to the Claims Administrator fourteen days after the Court issues a final order approving the terms of the Settlement. (Id. at 19, 26, Settlement ¶¶ 19, 48.)

I. Payment Terms

The settlement fund will cover payments to class members with additional compensation to the Class Representative. (Doc. 25 at 2; Doc. 26 at 19.) In addition, the Settlement provides for payments to Class Counsel for attorneys’ fees and expenses, to the Settlement Administrator, and the California Labor & Workforce Development Agency. (Doe. 26 at 34, Settlement ¶ 61.) Specifically, the Settlement provides for the following payments from the gross settlement amount:

• The Class Representative will receive up to $20,000;

• Class counsel will receive no more than $916,575 for attorneys’ fees, which equals 33.33% of the gross settlement amount, and $10,000 for expenses;

• The California Labor and Workforce Development Agency shall receive $7,500 from the total award of $10,000 under PAGA; and

• The Settlement Administrator will receive up to $22,000 for fees and expenses.

(Doc. 26 at 29-30, Settlement ¶¶ 53-56.) After these payments have been made, the remaining money (“Net Settlement Amount”) will be distributed as settlement shares to Class Members. (Doc. 26 at 20, 34, Settlement ¶¶ 28, 61.)

To receive a settlement share from the Net Settlement Amount, a class member was required to submit a timely and valid claim form. (Doc. 26 at 32, Settlement ¶ 59.) Settlement shares were be calculated based upon the following formula:

*264The Settlement Administrator shall divide the Net Settlement Amount by the total number of pay periods Class Members were employed during the Class Period, in order to determine the amount to which each Class Member is entitled for each pay period he or she was employed by Grainger within the Class Period (the “Weekly Amount”). The Settlement Administrator will multiply the Weekly Amount by the total number of pay periods that each Class Member was employed by Grainger during the Class Period.

(Doc. 26 at 35, Settlement ¶62.) Consequently, the exact amount each receives depends upon how many class members submit timely and valid claim forms.

II. Releases

The Settlement provides that Plaintiffs and Class Members, other than those who elect not to participate in the Settlement, at the time final judgment is entered, shall release Defendant from the claims arising in the class period. Specifically, the release for class members provides:

“Released Claims” shall mean any and all claims, demands, rights, debts, obligations, costs, expenses, wages, liquidated damages, statutory damages, penalties, liabilities, and/or causes of action of any nature and description whatsoever, whether known or unknown, at law or in equity, whether concealed or hidden, whether under federal, state, and/or local law, statute, ordinance, regulation, common law, or other source of law, which were asserted in the Action or could have been asserted against the Released Patties arising out of, derived from, or related to the facts and circumstances alleged in the Complaint.

(Doc. 26 at 21, Settlement ¶ 33; Doc. 25 at 13.)

The release for Plaintiff encompasses more claims than the release of Class Members, providing the release of any claims that could have arisen during the course of her employment with Defendant. (Doc. 26 at 39, Settlement ¶ 75; Doc. 25 at 14.) Specifically, Plaintiffs release provides:

The Named Plaintiff, on behalf of herself and her heirs, executors, administrators, and representatives, shall and does hereby forever release, discharge and agree to hold harmless the Released Parties from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorney fees and costs), known or unknown, at law or in equity, which she may now have or may have after the signing of this Stipulation, against Defendant arising out of or in any way connected with her employment with Grainger including, the Released Claims, claims that were asserted or could have been asserted in the Complaint, and any and all transactions, occurrences, or matters between the parties occurring prior to the Preliminary Approval Date.

(Id.) Thus, claims released by Plaintiff, but not Class Members, include any claims arising under the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and the Employee Retirement Income Security Act. (Id. at 40, ¶ 45.)

III. Objections and Opt-Out Procedure

Any class member who wished had an opportunity to object or elect not to participate in the Settlement. The Class Notice Packet explained the procedures for Class Members to claim object to the settlement, or elect not to participate in the settlement. (See Doc. 34, Exh. 1; Doc. 35). In addition, the Class Notice Packet explained claims that were to be released by Class Members as part of the settlement. (Id.)

IV. Service of the Notice Packets and Responses Received

On August 13, 2014, the Court ordered the Settlement Administrator, Simpluris, Inc., to mail the Class Notice Packet to Class Members no later than September 30, 2014. (Doc. 33 at 17-18.) Simpluris served the Class Notice Packet to the extent possible. (See generally, Doc. 45.) The Class Notice Packets were mailed via the United States Postal Service to 2,047 the Class Members identified by Defendant. (Behring Decl. ¶¶ 6-8.)

*265According to Danielle Behring, ease manager for Simpluris, four Class Notice Packets were returned to Simpluris with forwarding addresses, which Simpluris re-mailed. (Doe. 45 at 3, Behring Decl. ¶ 9.) In addition, the United States Postal Service returned several packets as undeliverable. (Id., ¶ 10.) Simpluris attempted to locate the current addresses for these individuals, and re-mailed 39 of the Notice Packets. (Id.) After the additional searches for correct addresses, only 18 Class Notice Packets remained undeliverable. (Id.) On October 21, 2014, a postcard reminder was mailed to the 1,899 Class Members who had not submitted a Claim Form or an Exclusion Form. (Id. at 4, ¶ 12.) Simpluris received 94 Exclusion Forms, of which eight “were determined invalid due to the Class Members also having timely filed Claim Forms.” (Id. at 5, ¶ 16.)

Ms. Behring reports Simpluris received Claim Forms from 909 Class members. (Doc. 45 at 4, Behring Decl. ¶ 14.) She asserts: “[T]he highest Settlement Share to be paid is approximately $2,305.15 and the average Settlement Share to be paid is approximately $1,397.62, which includes the 65% minimum payout allocation and the LWDA amount allocated to the Class Claimants. The valid claims account for approximately 65% of the Net Settlement Amount or $1,305,200.00.” (Id. at 4-5, emphasis omitted.) No objections to the Settlement were mailed to Simpluris or filed with the Court.

APPROVAL OF A CLASS SETTLEMENT

I. Legal Standard

When parties reach a settlement agreement prior to class certification, the Court has an obligation to “peruse the proposed compromise to ratify both the propriety of the certification and the fairness of the settlement.” Staton v. Boeing Co., 327 F.3d 938, 952 (9th Cir.2003). Approval of a class settlement is generally a two-step process. First, the Court must assess whether a class exists. Id. (citing Amchem Prods., Inc. v. Windsor, 521 U.S. 591, 620, 117 S.Ct. 2231, 138 L.Ed.2d 689 (1997)). Second, the Court must “determine whether the proposed settlement is fundamentally fair, adequate, and reasonable.” Id. (citing Hanlon v. Chrysler Corp., 150 F.3d 1011, 1026 (9th Cir.1998)). The decision to approve or reject a settlement is within the Court’s discretion. Han-lon, 150 F.3d at 1026.

II. Certification of a Class for Settlement 1

Class certification is governed by the Federal Rules of Civil Procedure, which provide that “[o]ne or more members of a class may sue or be sued as representative parties on behalf of all.” Fed.R.Civ.P. 23(a). Under the terms of the Settlement, the proposed class is comprised of “All current and former employees who were employed by W.W. Grainger, Inc. in California at any time from May 31, 2009 through the Preliminary Approval Date who have not settled all of the claims asserted herein.” (Doc. 29 at 3.)

Parties seeking class certification bear the burden of demonstrating the elements of Rule 23(a) are satisfied, and “must affirmatively demonstrate ... compliance with the Rule.” Wal-Mart Stores, Inc. v. Dukes, — U.S.-, 131 S.Ct. 2541, 2551, 180 L.Ed.2d 374 (2011); Doninger v. Pacific Northwest Bell, Inc., 564 F.2d 1304,1308 (9th Cir.1977). If an action meets the prerequisites of Rule 23(a), the Court must consider whether the class is maintainable under one or more of the three alternatives set forth in Rule 23(b). Narouz v. Charter Communs., LLC, 591 F.3d 1261, 1266 (9th Cir.2010). Here, Plaintiff argues “all requirements of Rule 23 are satisfied with respect to the proposed Settlement Class.” (Doe. 43 at 16).

A. Rule 23(a) Requirements

The prerequisites of Rule 23(a) “effectively limit the class claims to those fairly encompassed by the named plaintiffs claims.” General Telephone Co. of the Southwest v. Falcon, 457 U.S. 147, 155-56, 102 S.Ct. 2364, 72 L.Ed.2d 740 (1982) (citing General Telephone Co. v. EEOC, 446 U.S. 318, 330, 100 *266S.Ct. 1698, 64 L.Ed.2d 319 (1980)). Rule 23(a) requires:

(1) the class is so numerous that joinder of all members is impracticable; (2) there are questions of law or fact common to the class; (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class; and (4) the representative parties will fairly and adequately protect the interests of the class.

Id. These prerequisites are generally referred to as numerosity, commonality, typicality, and adequacy of representation. Falcon, 457 U.S. at 156, 102 S.Ct. 2364.

1. Numerosity

A class must be “so numerous that joinder of all members is impracticable.” Fed.R.Civ.P. 23(a)(1). This requires the Court to consider “specific facts of each case and imposes no absolute limitations.” EEOC, 446 U.S. at 330, 100 S.Ct. 1698. Although there is no specific numerical threshold, joining more than one hundred plaintiffs is impracticable. See Jordan v. County of Los Angeles, 669 F.2d 1311, 1319 & n. 10 (9th Cir.1982) (finding the numerosity requirement was “satisfied solely on the basis of the number of ascertained class members” and listing thirteen cases in which courts certified classes with fewer than 100 members), vacated on other grounds, 459 U.S. 810, 103 S.Ct. 35, 74 L.Ed.2d 48 (1982). Here, the Settlement Class includes more than 2,000 individuals. (Doc. 43 at 17, citing Behring Decl. ¶ 6.) Therefore, the numerosity requirement is satisfied.

2. Commonality

Rule 23(a) requires “questions of law or fact common to the class.” Fed.R.Civ.P. 23(a)(2). Commonality “does not mean merely that [class members] have all suffered a violation of the same pro-vision of law,” but “claims must depend upon a common contention.” Dukes, 131 S.Ct. at 2551. In this ease, the parties fail to identify any common questions of fact and law. However, the parties stipulate that the requirements of Rule 23 are satisfied. Accordingly, the Court finds the commonality requirement is satisfied for purposes of settlement.

3. Typicality

The typicality requirement demands that the “claims or defenses of the representative parties are typical of the claims or defenses of the class.” Fed.R.Civ.P. 23(a)(3). A claim or defense is not required to be identical, but rather “reasonably co-extensive” with those of the absent class members. Hanlon, 150 F.3d at 1020. “The test of typicality is whether other members have the same or similar injury, whether the action is based on conduct which is not unique to the named plaintiffs, and whether other class members have been injured by the same course of conduct.” Hanon v. Dataproducts Corp., 976 F.2d 497, 508 (9th Cir.1992) (internal quotation marks and citation omitted); see also Kayes v. Pac. Lumber Co., 51 F.3d 1449, 1463 (9th Cir.1995) (typicality is satisfied when named plaintiffs have the same claims as other members of the class and are not subject to unique defenses).

Review of the Complaint demonstrates Plaintiff alleged that she was employed by Defendant for fifteen years, including during the relevant time period. (Doc. 14 at 10, ¶ 20.) In addition, Plaintiff alleged that “she worked under the same wage and hour policies as other Class Members.” (See Doc. 43 at 17.) As a result, Plaintiff “suffered injuries similar to those of the rest of the class,” and has the same interest in redressing the injuries. (Id.) Accordingly, the typicality requirement is satisfied.

L Fair and Adequate Representation

Absentee class members must be adequately represented for judgment to have a binding effect. Hansberry v. Lee, 311 U.S. 32, 42-43, 61 S.Ct. 115, 85 L.Ed. 22 (1940). Accordingly, representative parties must “fairly and adequately protect the interests of the class.” Fed.R.Civ.P. 23(a)(4). “[Resolution of this issue requires that two questions be addressed: (a) do the named plaintiffs and their counsel have any conflicts of interest with other class members and (b) will the named plaintiffs and their counsel prosecute the action vigorously on behalf of the class?” In re Mego Fin. Corp. Sec. *267Litig., 213 F.3d 454, 462 (9th Cir.2000) (citing Hanlon, 150 F.3d at 1020).

a. Class counsel

As the Court noted previously, S. Brett Sutton and Jared Hague reported they “have significant experience litigating wage and hour class action cases and in serving as class counsel,” and “neither [they], nor any member of the firm, have any personal affiliation or family relationship with the plaintiffs and proposed Class Representatives.” (Doc. 33 at 8, quoting Sutton Decl. ¶¶ 5, 28 and Hague Decl. ¶¶ 5, 10.) In addition, Defendant does not question the adequacy of counsel. Therefore, the Court finds Mr. Sutton and Mr. Hague satisfy the adequacy requirements.

b. Class representatives

Plaintiff seeks appointment as the class representative of the Settlement Class, and asserts she “does not have a conflict of interest with any of the other Class Members.” (Doc. 43 at 18.) According to Plaintiff, she has “acted to vigorously prosecute this action on behalf of Class Members,” and “has done everything within her power to achieve a favorable resolution of this matter on behalf of Class Members.” (Id.) Thus, it appears Plaintiff will fairly and adequately represent the interests of the class.

B. Certification of a Class under Rule 23(b)

As noted above, once the requirements of Rule 23(a) are satisfied, a class may only be certified if it is maintainable under Rule 23(b). Fed.R.Civ.P. 23(b); see also Narouz, 591 F.3d at 1266. Plaintiff asserts that for Settlement purposes, class certification is appropriate under Rule 23(b)(3), which requires a finding that (1) “the questions of law or fact common to class members predominate over any questions affecting only individual members,” and (2) “a class action is superior to other available methods for fairly and efficiently adjudicating the controversy.” These requirements are generally called the “predominance” and “superiority” requirements. See Hanlon, 150 F.3d at 1022-23; see also Wal-Mart Stores, 131 S.Ct. at 2559 (“(b)(3) requires the judge to make findings about predominance and superiority before allowing the class”).

1. Predominance

The predominance inquiry focuses on “the relationship between the common and individual issues” and “tests whether proposed classes are sufficiently cohesive to warrant adjudication by representation.” Hanlon, 150 F.3d at 1022 (citing Amchem Prods., 521 U.S. at 623,117 S.Ct. 2231). The Ninth Circuit explained, “[A] central concern of the Rule 23(b)(3) predominance test is whether ‘adjudication of common issues will help achieve judicial economy.’” Vinole v. Countrywide Home Loans, Inc., 571 F.3d 935, 944 (9th Cir.2009) (quoting Zinser v. Accufix Research Inst., Inc., 253 F.3d 1180, 1189 (9th Cir.2001)). In this ease, the parties agree that common issues predominate over any individual issues because the “compensation and reimbursement policies” implemented by Defendant “uniformly applied to the Class Members.” (Doc. 43 at 19.)

2. Superiority

The superiority inquiry requires a determination of “whether objectives of the particular class action procedure will be achieved in the particular ease.” Hanlon, 150 F.3d at 1023 (citation omitted). This tests whether “class litigation of common issues will reduce litigation costs and promote greater efficiency.” Valentino v. Carter-Wallace, Inc., 97 F.3d 1227, 1234 (9th Cir.1996). Pursuant to Rule 23(b)(3), the Court must consider four non-exclusive factors to determine whether a class is a superior method of adjudication, including (1) the class members’ interest in individual litigation, (2) other pending litigation, (3) the desirability of concentrating the litigation in one forum, and (4) difficulties with the management of the class action.

a. Class members’ interest in individual litigation

This factor relevant when class members have suffered sizeable damages or have an emotional stake in the litigation. See In re N. Dist. of Cal., Dalkon Shield, 693 *268F.2d 847, 856 (9th Cir.1982). Here, the average monetary damages each class member will receive is approximately $1,400. (Doc. 43 at 15, citing Behring Decl. ¶ 15.) Further, Plaintiff asserts that “there is no evidence that the Class Members have an interest in pursuing or controlling their individual cases.” (Id. at 19.) Although the Settlement Administrator received 86 valid Exclusion Forms, which represents the desire of 4.2% of the Settlement Class to be excluded from the litigation, there is no evidence that these class members are interested in pursuing their own actions. Therefore, this factor weighs in favor of class certification.

b. Other pending litigation

According to Plaintiff, this is the only action she is aware of against Grainger involving the claims brought by Plaintiff. (Doc. 43 at 19.) Further, Defendant has not identified any other pending litigation. As a result, this factor weighs in favor of certification.

c. Desirability of concentrating litigation in one forum

Because common issues predominate on Plaintiffs class claims, “presentation of the evidence in one consolidated action will reduce unnecessarily duplicative litigation and promote judicial economy.” Galvan v. KDI Distrib., 2011 WL 5116585, at *12, 2011 U.S. Dist. LEXIS 127602, at *37 (C.D.Cal. Oct. 25, 2011). Moreover, because the parties have resolved the claims through the Settlement, this factor does not weigh against class certification.

d. Difficulties in managing a class action

The Supreme Court explained that, in general, this factor “encompasses the whole range of practical problems that may render the class format inappropriate for a particular suit.” Eisen v. Carlisle & Jacquelin, 417 U.S. 156, 164, 94 S.Ct. 2140, 40 L.Ed.2d 732 (1974). However, because the parties have reached a settlement agreement, it does not appear there are any problems with managing the action. Therefore, this factor weighs in favor of class certification.

Because the factors set forth in Rule 23(b) weigh in favor of certification, the Settlement-Class is maintainable under Rule 23(b)(3). Accordingly, Plaintiffs request to certify the Settlement Class is GRANTED.

III. Approval of the Settlement

Settlement of a class action requires approval of the Court, which may be granted “only after a hearing and on finding that [the-settlement] is fair, reasonable, and adequate.” Fed.R.Civ.P. 23(e)(2). Approval is required to ensure the settlement is consistent with Plaintiffs’ fiduciary obligations to the class. See Ficalora v. Lockheed Cal. Co., 751 F.2d 995, 996 (9th Cir.1985). The Ninth Circuit identified several of factors to evaluate whether a settlement meets these standards, including:

the strength of plaintiffs ease; the risk, expense, complexity, and likely duration of further litigation; the risk of maintaining class action status throughout the trial; the amount offered in settlement; the extent of discovery completed, and the stage of the proceedings; the experience and views of counsel; the presence of a governmental participant;2 and the reaction of the class members to the proposed settlement.

Staton, 327 F.3d at 959 (citation omitted). Further, a court should consider whether settlement is “the product of collusion among the negotiating parties.” In re Mego Fin. Corp. Sec. Litig., 213 F.3d at 458 (citing Class Plaintiffs v. Seattle, 955 F.2d 1268, 1290 (9th Cir.1992)). In reviewing settlement terms, “[t]he court need not reach any ultimate conclusions on the contested issues of fact and law which underlie the merits of the dispute.” Class Plaintiffs, 955 F,2d at 1291 (internal quotations and citation omitted).

*269A. Strength of Plaintiffs’ Case

In this action, the fact-finder would be required to determine several disputed claims. Plaintiff acknowledges that she “would face significant risks impacting the likelihood of a successful outcome.” (Doc. 43 at 21.) For example, Plaintiff asserts there is uncertainty regarding whether she “could prevail on her claim for reimbursement of business-related expenses with respect to [Defendant’s] requirement that certain Settlement Class members pay for 50% of the cost of OSHA-approved footwear.” (Id.) She reports that “the parties are unaware of any ease in California that has been tried on the merits of whether footwear of the kind required by [Defendant’s] written policies must be provided by the employer at no cost to the employee.” (Id. at 22.) Further, Plaintiff admits that evidence produced by Defendant shows its employees “generally received all meal periods to which they were entitled in a timely manner” and “were properly compensated for all hours worked.” (Id.) As a result, there are uncertainties surrounding the merits of Plaintiffs claims and her ability to prove her claims at trial. Given the uncertainties, this factor weighs in favor of approval of the Settlement.

B. Risk, Expense, Complexity, and Likely Duration of Further Litigation

Approval of settlement is “preferable to lengthy and expensive litigation with uncertain results.” Nat’l Rural Telecomms. Coop. v. DIRECTV, Inc., 221 F.R.D. 523, 529 (C.D.Cal.2004). If the settlement were to be rejected, the parties would have to engage in further litigation, including recertification of a class and discovery on the issue of damages. Plaintiff asserts, “The time and expense of continued litigation could potentially outweigh any additional recovery obtained through successful litigation.” (Doc. 43 at 22.) On the other hand, the settlement provides for the immediate recovery for the class, averaging approximately than $1,400 per claimant. (Id. at 15, 23.) Therefore, this factor weighs in favor of approval.

C. Maintenance of Class Status throughout the Trial

Plaintiff acknowledges that even if she would be able to establish wage and hour violations by Defendant “there was a risk that the Court may not have certified some or all of [her] claims for class treatment.” (Doc. 43 at 23.) According to Plaintiff, the California Supreme Court’s decision in Brinker Restaurant Corp. v. Superior Court, “could pose obstacles to certification of a significant part of Plaintiffs claims.” Id.; see also Brinker Restaurant Corp. v. Superior Court, 53 Cal.4th 1004, 1040-41, 139 Cal.Rptr.3d 315, 273 P.3d 513 (2012) (holding the employer is required to provide a meal period to employees, but “is not obligated to police meal breaks and ensure no work thereafter is performed”); Brown v. Federal Express, 249 F.R.D. 580, 585 (C.D.Cal.2008) (denying class certification of employees alleging the employers denied them meal breaks and rest breaks, and failed to give additional pay to employees who missed meal breaks). Thus, this factor supports approval of the Settlement.

D. Amount offered in Settlement

The Ninth Circuit observed that “the very essence of a settlement is compromise, ‘a yielding of absolutes and an abandoning of highest hopes.’ ” Officers for Justice v. Civil Serv. Commission, 688 F.2d 615, 624 (9th Cir.1982) (citation omitted). Thus, when analyzing the amount offered in settlement, the Court should examine “the complete package, taken as a whole,” and the amount is “not to be judged against a hypothetical or speculative measure of what might have been achieved by the negotiators.” Id. at 625, 628.

In this ease, the proposed gross settlement amount totals $2,750,000. (Doc. 26 at 19, Settlement ¶¶ 22-23.) Of this, “Class Members will share in a Net Settlement Amount preliminary estimated at $1,305,200.” (Doc. 43 at 23.) Plaintiffs counsel believe that the Settlement total “represents a very favorable result in a wage and hour case involving hourly workers who are typically at the lower end of the earning spectrum.” (Id. at 23-24.) Based upon the parties’ agreement that this *270amount provides adequate compensation for class members, the Court finds the amount offered supports approval of the class settlement.

E. Extent of Discovery Completed and Stage of the Proceedings

The parties have been litigating this action actively since its initiation in May 2013. (Doc. 43 at 24.) Plaintiff reports that “[t]he parties have been actively involved in the discovery process since the outset of the case.” (Id.) According to Plaintiff,

The discovery procedure in this case entailed both informal and formal discovery exchange. Over the course of these exchanges, GRAINGER produced data reflective of thousands of pages of data concerning time records, dates of employment, job classifications, hourly wage rates and wage statements provided to the Settlement Class. PLAINTIFF took the deposition of the 30(b)(6) designee of GRAINGER for a full-day, and obtained additional documents in conjunction with that deposition[ ].

(Doc. 25 at 22.) It appears that the parties made informed decisions, which lead to resolution of the matter with the assistance of a mediator. Consequently, this factor supports preliminary approval of the Settlement.

F. Experience and Views of Counsel

As addressed above, Plaintiffs counsel are experienced in class action litigation. The Class Counsel “believe[] the instant settlement is in the best interests of the Class Members.” (Doc. 43 at 24.) Further, Defendant “determined that it is desirable and beneficial to it that the Action be settled in the manner and upon the terms and conditions set forth in [the Settlement].” (Doc. 26 at 25, Settlement ¶ 24.) These recommendations of counsel are entitled to significant weight and support approval of the settlement agreement. See Nat’l Rural Tele-comms., 221 F.R.D. at 528 (“Great weight is accorded to the recommendation of counsel, who are most closely acquainted with the facts of the underlying litigation”).

G. Reaction of Class Members to Settlement

Significantly, no objections were filed by Class Members following service of the Class Notice Packet. In addition, Plaintiff agreed to the terms of the Settlement, and did not have any objections to the terms. (See Doc. 26 at 46.) “[T]he absence of a large number of objections to a proposed class action settlement raises a strong presumption that the terms of a proposed class action settlement are favorable to the class members.” Nat’l Rural Telecomms., 221 F.R.D. at 529. Therefore, this factor weighs in favor of the Settlement.

H. Collusion between Negotiating Parties

The inquiry of collusion addresses the possibility that the settlement agreement is the result of either “overt misconduct by the negotiators” or improper incentives of class members at the expense of others. Staton, 327 F.3d at 960. The parties utilized an impartial mediator, and settlement negotiations took several weeks to complete. (See Doc. 35 at 11-12; Doc. 43 at 25.) Given the duration of the negotiations, it appears the agreement is the product of non-collusive conduct.

IV. Conclusion

The factors set forth by the Ninth Circuit weigh in favor of final approval of the Settlement, which appears to be is fair, reasonable, and adequate as required by Rule 23. Therefore, final approval of the Settlement Agreement is GRANTED.

REQUEST FOR ATTORNEYS’ FEES AND COSTS

Attorneys’ fees and nontaxable costs “authorized by law or by agreement of the parties” may be awarded pursuant to Rule 23(h). The Settlement authorizes Class Counsel to seek attorneys’ fees that do “not to exceed thirty three and one-third percent (33-1/3 %) ... of the Gross Settlement Amount.” (Doc. 26 at 29, Settlement ¶¶ 53-54). Here, Class Counsel seek an award of 25% of the settlement fund in the amount of $686,500, and $10,000 in costs. (Doc. 38 at 6.) Defendant *271agreed not to oppose Plaintiffs fee request. (See Doc. 38 at 6).

Under the “common fund” doctrine, attorneys who create a common fund for a class may be awarded their fees and costs from the fund. Hanlon, 150 F.3d at 1029; Boeing Co. v. Van Gemert, 444 U.S. 472, 478, 100 S.Ct. 745, 62 L.Ed.2d 676 (1980) (“a lawyer who recovers a common fund for the benefit of persons other than himself or his client is entitled to a reasonable attorney’s fee from the fund as a whole”). An award from the common fund “rests on the perception that persons who obtain the benefit of a lawsuit without contributing to its cost are unjustly enriched at the successful litigant’s expense,” and as such application of the doctrine is appropriate “when each member of a certified class has an undisputed and mathematically ascertainable claim to part of a lump-sum judgment recovered on his behalf.” Boeing Co., 444 U.S. at 478, 100 S.Ct. 745. Here, the Settlement applies distribution formulas to determine the amount paid to class members who submitted a valid claim, and application of the common fund doctrine is appropriate.

7. Legal Standards

“[A] district court must carefully assess the reasonableness of a fee amount spelled out in a class action settlement agreement” to determine whether it is “‘fundamentally fair, adequate, and reasonable’ Fed.R.Civ.P. 23(e).” Staton v. Boeing Co., 327 F.3d 938, 963 (9th Cir.2003) To do so, the Court must “carefully assess the reasonableness of a fee amount spelled out in a class action settlement agreement.” Id.

A court “may not uncritically accept a fee request,” but must review the time billed and assess whether it is reasonable in light of the work performed and the context of the case. See Common Cause v. Jones, 235 F.Supp.2d 1076, 1079 (C.D.Cal.2002); see also McGrath v. County of Nevada, 67 F.3d 248, 254 n. 5 (9th Cir.1995) (noting a court may not adopt representations regarding the reasonableness of time expended without independently reviewing the record); Sealy, Inc. v. Easy Living, Inc., 743 F.2d 1378, 1385 (9th Cir.1984) (remanding an action for a thorough inquiry on the fee request where “the district court engaged in the ‘regrettable practice’ of adopting the findings drafted by the prevailing party wholesale” and explaining a court should not “aecept[ ] uncritically [the] representations concerning the time expended”).

The party seeking fees bears the burden of establishing that the fees and costs were reasonably necessary to achieve the results obtained. See Fischer v. SJB-P.D., Inc., 214 F.3d 1115, 1119 (9th 2000). Therefore, a fee applicant must provide time records documenting the tasks completed and the amount of time spent. Hensley v. Eckerhart, 461 U.S. 424, 424, 103 S.Ct. 1933, 76 L.Ed.2d 40 (1983); Welch v. Metropolitan Life Ins. Co., 480 F.3d 942, 945-46 (9th Cir.2007). “Where the documentation of hours in inadequate, the district court may reduce hours accordingly.” Hensley, 461 U.S. at 433, 103 S.Ct. 1933.

Significantly, when fees are to be paid from a common fund, as here, the relationship between the class members and class counsel “turns adversarial.” In re Washington Pub. Power Supply Sys. Sec. Litig., 19 F.3d 1291, 1302 (9th Cir.1994). The Ninth Circuit observed:

[A]t the fee-setting stage, plaintiffs counsel, otherwise a fiduciary for the class, has become a claimant against the fund created for the benefit of the class. It is obligatory, therefore, for the trial judge to act with a jealous regard to the rights of those who are interested in the fund in determining what a proper fee award is.

Id. at 1302 (internal quotation marks, citation omitted). As a result the district court must assume a fiduciary role for the class members in evaluating a request for an award of attorney fees from the common fund. Id.; Rodriguez v. W. Publ’g Corp., 563 F.3d 948, 968 (9th Cir.2009) (“when fees are to come out of the settlement fund, the district court has a fiduciary role for the class”).

The Ninth Circuit determined both a lodestar and percentage of the common fund calculation “have [a] place in determining what would be reasonable compensation for *272creating a common fund.” Paul, Johnson, Alston & Hunt v. Graulty, 886 F.2d 268, 272 (9th Cir.1989). Whether the Court applies the lodestar or percentage method, the Ninth Circuit requires “fee awards in common fund eases’ be reasonable under the circumstances.” Florida v. Dunne, 915 F.2d 542, 545 (9th Cir.1990); see also Staton, 327 F.3d at 964 (fees must be “fundamentally fair, adequate, and reasonable”).

A. Lodestar Method

The lodestar method calculates attorney fees by “by multiplying the number of hours reasonably expended by counsel on the particular matter times a reasonable hourly rate.” Florida, 915 F.2d at 545 n. 3 (citing Hensley, 461 U.S. at 433, 103 S.Ct. 1933). The product of this computation, the “lodestar” amount, yields a presumptively reasonable fee. Gonzalez v. City of Maywood, 729 F.3d 1196, 1202 (9th Cir.2013); Camacho v. Bridgeport Fin., Inc., 523 F.3d 973, 978 (9th Cir.2008). Next, the court may adjust the lodestar upward or downward using a “multiplier” considering the following factors adopted by the Ninth Circuit in a determination of the reasonable fees:

(1) the time and labor required, (2) the novelty and difficulty of the questions involved, (3) the skill requisite to perform the legal service properly, (4) the preclusion of other employment by the attorney due to acceptance of the case, (5) the customary fee, (6) whether the fee is fixed or contingent, (7) time limitations imposed by the client or the circumstances, (8) the amount involved and the results obtained, (9) the experience, reputation, and ability of the attorneys, (10) the “undesirability” of the case, (11) the nature and length of the professional relationship with the client, and (12) awards in similar cases.

Kerr v. Screen Extras Guild, Inc., 526 F.2d 67, 70 (9th Cir.1975). However, the Court has since determined that the fixed or continent nature of a fee and the “desirability” of a case are no longer relevant factors. Resurrection Bay Conservation Alliance v. City of Seward, 640 F.3d 1087, 1095, n. 5 (9th Cir.2011) (citing Davis v. City of San Francisco, 976 F.2d 1536, 1546 n. 4 (9th Cir.1992)).

B. Percentage from the common fund

As the name suggests, under this method, “the court makes a fee award on the basis of some percentage of the common fund.” Florida, 915 F.2d at 545 n. 3. In the Ninth Circuit, the typical range of acceptable attorneys’ fees is 20% to 30% of the total settlement value, with 25% considered the benchmark. See, Vizcaino v. Microsoft Corp., 290 F.3d 1043, 1047 (9th Cir.2002); Hanlon, 150 F.3d at 1029 (observing “[t]his circuit has established 25 % of the common fund as a benchmark award for attorney fees”). The percentage may be adjusted below or above the benchmark, but the Court’s reasons for adjustment must be clear. Paul, Johnson, Alston & Hunt v. Graulty, 886 F.2d 268, 272 (9th Cir.1989).

When assessing whether the percentage requested is reasonable, courts may consider a number of factors, including “(1) the results obtained for the class; (2) the risk undertaken by counsel; (3) the complexity of the legal and factual issues; (4) the length of the professional relationship with the client; (5) the market rate; and (6) awards in similar’ cases.” Romero v. Producers Dairy Foods, Inc., 2007 WL 3492841, at *3, 2007 U.S. Dist. LEXIS 86270, at *8-9 (E.D.Cal. Nov. 14, 2007) (citing Vizcaino, 290 F.3d at 1048-1050; Six Mexican Workers v. Ariz. Citrus Growers, 904 F.2d 1301, 1311 (9th Cir.1990)).

II. Evaluation of the fees requested

Class Counsel requests the Court determine the reasonableness of the fee award by using the percentage of the common fund rather than the lodestar method. “The district court has discretion to use the lodestar method or the percentage of the fund method in common fund cases.” Powers v. Eichen, 229 F.3d 1249, 1256 (9th Cir.2000) (quoting In re Coordinated Pretrial Proceedings in Petroleum Prods. Antitrust Litig., 109 F.3d 602, 607 (9th Cir.1997)). Notably, the Court must consider similar factors under either method. See Kerr, 526 F.2d at 70; Vizcaino, 290 F.3d at 1048-1050. Further, the Court may “applfy] the lodestar method as a crosscheck” to determine wheth*273er the percentage requested is reasonable. Vizcaino, 290 F.3d at 1050, n. 5.

A. Time and labor required

Class Counsel provided a list of each attorney who worked on this action, the number of hours, and the rate billed by each through the date of filing their motion for an award of fees. (See Sutton Decl. ¶ 7, Doc. 39 at 3-4.) The time records provided by Class Counsel indicate the attorneys and their assistants spent 457.85 hours on tasks related to this action, with attorney time totaling 449.85 hours. (See Doc. 38 at 16-17; Doc. 39 at 51.) Further, Class Counsel reported that they “anticipate[d] another 30 hours of work in interaction with class members, reviewing reports of the Settlement Administrator, and working on the ... Motion for Final Approval of Joint Stipulation of Class Settlement.” (Doc. 38 at 17.) Accordingly, the time expended in this action totals 487.85 hours.

Mr. Sutton reports that during the pendency of this action, he “turned down dozens of potential cases due to, among other reasons, the fact that it was unclear how this case was going to be resolved and the amount of time and expense that might be involved to prosecute this case.” (Doc. 39 at 5, Sutton Decl ¶ 14.) However, from time the action commenced to the filing of this motion, Mr. Sutton expended only 103.90 hours in this action—with approximately 46% of these hours occurring in May 2014 alone. (See Doc. 39 at 44-46.) Mr. Hague worked 300.90 hours on this action through the filing of the motion for attorney fees. Given the total number of hours, there is no evidence that Mr. Sutton and Mr. Hague were precluded from other work because of the pendency of this litigation.

B. Results obtained for the class

Courts have recognized consistently that the result achieved is a major factor to be considered in making a fee award. Hensley, 461 U.S. at 436, 103 S.Ct. 1933; Wilcox v. City of Reno, 42 F.3d 550, 554 (9th Cir.1994). Here, Plaintiff reports that “[t]he average Class Member will receive approximately $1,397, and the highest settlement share to be paid is approximately $2,305.” (Doc. 43 at 10, citing Behring Decl ¶ 15.) Further, as part of the Settlement, Defendant “will henceforth provide the Class Members with any required safety shoes, free of charge.” (Doc. 38 at 11.) Defendant reports it cost “approximately $67,000” to change from covering 50% of the cost of safety shoes to providing the shoes free of charge. (Doc. 46 at 3, Williams Decl ¶ 5.)

Significantly, as noted by the Court in its preliminary approval, Plaintiff did not provide an estimate of the total liability compared to the settlement amount such that the Court may find the results were “exceptional.” See Vizcaino, 290 F.3d at 1048 (observing “[ejxceptional results are a relevant circumstance” to an adjustment from the benchmark).

C. Risk undertaken by counsel

The risk of costly litigation and trial is an important factor in determining the fee award. Chemical Bank v. City of Seattle, 19 F.3d 1291, 1299-1301 (9th Cir.1994). The Supreme Court explained, “the risk of loss in a particular case is a product of two factors: (1) the legal and factual merits of the claim, and (2) the difficulty of establishing those merits.” City of Burlington v. Dague, 505 U.S. 557, 562, 112 S.Ct. 2638, 120 L.Ed.2d 449 (1992). Here, as discussed above, Plaintiff asserts there was “a substantial risk of loss based on the legal and factual merits of the claims.” (Doc. 38 at 12.) Further, Class Counsel contend the fee request is appropriate because they “litigated this case on a contingency basis, which necessarily presented considerable risk, which weighs in favor of an award that exceeds the benchmark.” (Doc. 38 at 12, citing Schiller v. David’s Bridal, Inc., 2012 WL 2117001 (E.D.Cal.2012); In re Sumitomo Copper Litig., 74 F.Supp.2d 393, 396-98 (S.D.N.Y.1999)). However, the Ninth Circuit held that the distinction between a contingency arrangement and a fixed fee arrangement alone does not merit an enhancement from the benchmark. See In re Bluetooth Headset Prods. Liab. Litig., 654 F.3d 935, 942 n. 7. (9th Cir.2011) (“whether the fee was fixed or contingent” is “no longer valid” as a factor in evaluating reasonable fees) (citation omitted).

*274Although Class Counsel confronted unsettled legal issues, the case was not complex. Further, Class Counsel did not face extreme risks in pursuing this litigation. For example, in Vizcaino, the plaintiffs “lost in the district court—once on the merits, once on the class definition” and the class counsel twice “succeeded in reviving their case on appeal.” Id.,Id., 290 F.3d at 1048. The court found the pursuit of the case was “extremely risky” given the absence of supporting precedents” and the challenges faced in the appeals. Id. As such, the risks supported an award of fees slightly above the benchmark. Id. at 1048-49. In contrast, here, though Defendant denied liability, settlement was achieved quite early in the litigation, and Class Counsel were not faced with a challenge to merits of the claims or the propriety of class certification.