Workman Law

Robinson v. Energy Remodeling

Settled

On November 3, 2015, Plaintiffs filed a putative class action complaint.  Plaintiffs allege that Defendants improperly classified the outside sales people as independent contractors; failed to reimburse the putative class members for all expenses incurred to do their job as required by Labor Code section 2802, including those related to driving their personal vehicles for work; failed to provide compliant wage statements as required by Labor Code section 226; failed to keep records as required by Labor Code section 1174; failed to provide meal breaks; and failed to pay commissions owed.

On March 24, 2017, the Court granted Prelminary Approval of a class action settlement.  Any Class Member who wishes to be excluded from the Settlement has until thirty (30) calendar days after the mailing of the Class Notice to submit his or her request for exclusion or submit his or her objection pursuant to the procedures set forth in the Class Notice.  To be timely, all Exclusion requests and/or Objections must be postmarked no later than thirty (30) calendar days from the date on which the Settlement Administrator mailed the Class Notice, the Class Notice Response Date.

The Court will hold a hearing on June 2, 2017 at 9:00 a.m. to determine whether the Court should grant final approval of the Settlement as fair, reasonable, and adequate.  The Court will hear all evidence and argument necessary to evaluate the Settlement, and will consider Plaintiffs’ request for the Class Representative Enhancement and Class Counsel’s request for attorneys’ fees and costs.  Settlement Class Members and their counsel may support or oppose the Settlement and the motion for awards of the Class Representative Enhancement and Class Counsel’s attorneys’ fees and costs, if they so desire, as set forth in the Class Notice.   Any Class Member may appear at the final approval hearing in person or by his or her own attorney, and show cause why the Court should not approve the Settlement, or object to the motion for awards of the Class Representative Enhancement and Class Counsel’s attorneys’ fees and costs.  The Court reserves the right to continue the date of the final approval hearing and to enter judgment upon granting final approval without further notice to Settlement Class Members.  The Court retains jurisdiction to consider all further applications arising out of or in connection with the Settlement.

 

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