Settlement Checks Expected End of June 2013

As already reported in this blog, BCBG has reached a $1.4 Million settlement in a class action lawsuit settlement over allegations it violated California wage and hours laws in a case filed in 2009 after a successful mediation led by Richard E. Quintilone II Esq (req@quintlaw.com) and a team of other lawyers from multiple law firms.

According to Simpluris Inc. the Claims Administrator in this case, employee class members who have submitted valid claims should begin to recieve settlement payments in June 2013.  To confirm you have submitted a valid claim as well as to verify your address please call Simpluris Toll-Free 888-369-3780 or submit a question at http://www.simpluris.com/pages/member-claim-request.aspx 

This Court Judgment underscores the many questions that lawyers, employees, and employers have regarding meal and rest breaks. Normally California employers are required to pay premium pay for missed meal and rest periods. Employers looking to update their policies or have them reviewed to ensure they are in compliance should contact Quintilone & Associates at req@quintlaw.com.   For more information on seeking payment for missed meal and rest periods or off the clock work as well as reimbursement of business expenses and whether you have a potential claim please contact Quintilone & Associates at req@quintlaw.com

BCBG has reached a $1.4 Million settlement in a class action lawsuit settlement over allegations it violated California wage and hours laws in a case filed in 2009 after a successful mediation led by Richard E. Quintilone II Esq (req@quintlaw.com) and a team of other lawyers from multiple firms.  Initial Plaintiff Christopher Morales was an employee of Defendants BCBG Max Azria Group, Inc., at its retail store in Palm Springs, California. Plaintiff Morales has named BCBG MAXAZRIA INTERNATIONAL HOLDINGS, INC., BCBG MAX AZRIA GROUP, INC., and BCBG MAXAZRIA HOLDINGS, INC. as Defendants in this matter. The case has been filed in Orange County Superior Court (Case No. 30-2009-00248352). Plaintiff Christopher Morales (“Morales”) seeks to bring this lawsuit on behalf of himself and current and former hourly employees employed by BCBG in California between February 27, 2005 and the present.

 

Plaintiff Trang was an employee of Max Rave, LLC in Alameda County. Plaintiff Trang has named MAX RAVE, LLC and BCBG MAX AZRIA GROUP, INC. as Defendants in this matter. The case has been filed in Alameda County Superior Court (Case No. RG09439048).). Plaintiff Quynh Trang (“Trang”) seeks to bring this lawsuit on behalf of herself and current and former hourly employees employed by Max Rave in California between March 3, 2005 and the present.

 

On May 29, 2009, the Chief Justice of California and Chair of the Judicial Council, ordered that the cases be coordinated into the BCBG WAGE AND HOUR CASES. The Karsaz action was consolidated with the In re BCBG Cases at the September 15, 2010.

 

Plaintiffs alleged that they and putative class members are non-exempt employees who were denied compliant meal and rest breaks or payment of penalty premiums for non- compliant breaks, overtime and minimum wages, wages upon termination or resignation, itemized employee wage statements and business expense reimbursements.

 

On Thursday, January 24, 2013, the Orange County Superior Court granted final approval of the class action settlement of $1.4 Million Dollars.  The request for civil penalties under PAGA in the amount of $5,000 was granted. The court awarded plaintiffs and class representatives Christopher Morales, Quynh Trang, Farahnaz Karsaz, and Ronique Lewis a service award in the case.  

 

Attorney’s fees and cost were awarded by the court to a group of attorneys led by Richard E. Quintilone II Esq (req@quintlaw.com) of Quintilone & Associates and counsel from the Initiative Law Group APC in Los Angeles.

Motion for Class Certification and Mediation

The filing date of the Motion for Class Certification has been continued until June 25, 2012. The investigation process is still on going.

Please be advised that mediation for the above referenced matter has begun. A mediation conference is a voluntary procedure available to parties in a lawsuit.  Any decision reached is not binding unless agreed to by all parties.  Any witnesses who have information or evidence they deem relevant to the resolution of this case should contact Attorney Richard E. Quintilone II, Esq. via email at req@quintlaw.com

About The Case

This is a pending California class action lawsuit.
SPACE
Plaintiff Morales was an employee of Defendants BCBG Max Azria Group, Inc., at its retail store in Palm Springs, California. Plaintiff Morales has named BCBG MAXAZRIA INTERNATIONAL HOLDINGS, INC., BCBG MAX AZRIA GROUP, INC., and BCBG MAXAZRIA HOLDINGS, INC. as Defendants in this matter. The case has been filed in Orange County Superior Court (Case No. 30-2009-00248352). Plaintiff Christopher Morales (“Morales”) seeks to bring this lawsuit on behalf of himself and current and former hourly employees employed by BCBG in California between February 27, 2005 and the present.
SPACE
Plaintiff Trang was an employee of Max Rave, LLC in Alameda County. Plaintiff Trang has named MAX RAVE, LLC and BCBG MAX AZRIA GROUP, INC. as Defendants in this matter. The case has been filed in Alameda County Superior Court (Case No. RG09439048).). Plaintiff Quynh Trang (“Trang”) seeks to bring this lawsuit on behalf of herself and current and former hourly employees employed by Max Rave in California between March 3, 2005 and the present.
SPACE
On May 29, 2009, the Chief Justice of California and Chair of the Judicial Council, ordered that the cases be coordinated into the BCBG WAGE AND HOUR CASES. The Karsaz action was consolidated with the In re BCBG Cases at the September 15, 2010.

Plaintiffs allege that they and putative class members are non-exempt employees who were denied compliant meal and rest breaks or payment of penalty premiums for non compliant breaks, overtime and minimum wages, wages upon termination or resignation, itemized employee wage statements and business expense reimbursements.

Plaintiffs seek to certify and represent the following classes:

(a) All persons who are employed or have been employed by Defendants in the State of California who, from within four years prior to February 27, 2009 to the present and have worked as non-exempt employees and have not been provided a timely, uninterrupted 30 minute meal period for every five hours or major fraction thereof worked per day, and were not provided one hour’s pay for each day on which such meal period was not properly provided.

(b) All persons who are employed or have been employed by Defendants in the State of California who, from within four years prior to February 27, 2009 to the present and have worked as non-exempt employees and have not been provided a timely, uninterrupted 10 minute rest period for every four hours or major fraction thereof worked per day, and were not provided compensation of one hour’s pay for each day on which such rest period was not properly provided.

(c) All persons who are employed or have been employed by Defendants in the State of California who, from within four years prior to February 27, 2009 to the present, have worked as non-exempt employees and were not paid all regular time and overtime.

(d) All persons who have separated their employment from Defendants in the State of California who, from within four years prior to February 27, 2009 to the present and have not been paid wages pursuant to Labor Code §§ 201-203 and are owed restitution for waiting time penalties deriving from wages.

(e) All persons who are employed or have been employed by Defendants in the State of California who, from within four years prior to February 27, 2009 to the present, have not received all wages due and payable twice in each calendar month pursuant to Labor Code § 204.

(f) All persons who are employed or have been employed by Defendants in the State of California who, from within four years prior to February 27, 2009 to the present, have not received and who, upon incurring necessary expenses in the discharge of their duties were not indemnified for their expenses.

Plaintiffs plan on bringing a motion for class certification. The current motion filing deadline is August 25, 2011.

If you have any questions regarding this case please contact:

RICHARD E. QUINTILONE II, ESQ.
MICHELLE E. HARVEY, ESQ.
QUINTILONE & ASSOCIATES
22974 EL TORO ROAD, SUITE 100
LAKE FOREST, CA 92630-4961
TELEPHONE: 949.458.9675
FACSIMILE: 949.458.9679
EMAIL: REQ@QuintLaw.com
EMAIL: MEH@QuintLaw.com

PLEASE BE ADVISED THAT ALL CALIFORNIA EMPLOYERS ARE STRICTLY PROHIBITED FROM RETALIATING AGAINST EMPLOYEES FOR PARTICIPATING IN OUR INVESTIGATION.


If you feel that you or other workers have been subjected to retaliation or intimidation, please contact us or the California Department of Industrial Relations, Division of Labor Standards Enforcement immediately. See http://www.dir.ca.gov/dlse/

Please contact us at the phone number or email addresses above so we may continue our investigation of the allegations in this case.