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.
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/
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.
