A judge with the U.S. District Court of Nevada ordered a settlement hearing for May 26. Both sides agreed to a preliminary amount of $268,089 for class members, $140,600 for named plaintiffs and $143,593 in attorney’s fees, according to Courthouse News Service.
The class includes all past and present employees of Backstage Employment and Referral who worked between Jan. 1, 2012 and Dec. 31, 2013 and performed services directly for Copperfield’s show or as executive assistants to the magician.
The suit seeks compensation for unpaid overtime. Copperfield, Backstage Employment, Christopher Kenner, David Copperfield’s Disappearing Act and Imagine Nation are accused of violating overtime law, civil conspiracy, retaliation and abuse of process. Copperfield reportedly claimed the Creative Professional Exemption excluded class members from overtime.
The settlement would pay each of 57 class members an average $6,356 for overtime pay and liquidated damages. Under terms of the settlement, Copperfield and the other defendants continue to deny liability, while settling class members agree to release all claims in the matter, the News said.