Trinet

In June 2013, Dave & Buster’s initiated a program to “right size” its workforce by decreasing the number of full-time employees and increasing the number of part-time employees. This move by Dave & Buster’s resulted in Marin’s average hours being cut to 17.5 per week, her pay being reduced to an average of $150 to $375 per week and her ability to participate in the Dave & Buster’s medical plan being eliminated. She brought a class action lawsuit on behalf of the approximately 10,000 Dave & Buster’s hourly employees alleging that the right sizing exercise was done “with the intent and purpose, in whole or part, of interfering with their attainment of their rights as participants” under the employer’s medical plan. In support of her specific intent claim, Marin points to a meeting at which her general manager allegedly stated that compliance with the ACA would cost “as much as $2 million” and that in order to avoid that cost, Dave & Buster’s was reducing the number of full-time employees.