The Monterey Bay Aquarium reaches a preliminary settlement on an employee lawsuit.

The Monterey Bay Aquarium has agreed to settle a class-action lawsuit brought by a former employee who alleged that hourly, non-exempt employees routinely worked off the clock beyond normal eight-hour days and 40-hour weeks, worked through meal and rest breaks and were not compensated for overtime.

According to court records, the Aquarium reached a preliminary agreement this month in the suit brought by Talitha de la Cruz, a former senior development assistant. The preliminary settlement is due to be finalized in a hearing on Oct. 15.

In her suit, filed in October 2019, de la Cruz alleged she and other class members repeatedly had meal periods delayed or interrupted due to heavy workload that required them to work during their breaks, off the clock. In California, employers with 26 or more employees – such as the Aquarium – must treat workers earning less than $49,920 as hourly, non-exempt employees, meaning rules regarding meal breaks and overtime apply.

It’s unclear how many current and former Aquarium employees were certified as members of the class, nor how much members of the class stand to receive. According to calculations from the plaintiffs’ attorney, the approximate value of the damages for all violations are just over $1.9 million.

Aquarium attorney Monte Grix says the Aquarium entered into the agreement “without admitting liability so it could return its focus to its core mission of education and public service.”

Once checks are issued, class members have 180 days to cash them; after that, the proceeds will be sent to California Rural Legal Assistance.