The purpose of the Notice is to let you know of a proposed settlement (the “Settlement”) that has been reached in a class and representative action that is pending in the Superior Court for the County of Alameda. The lawsuit was filed by a former employee, Emando Roos (“Plaintiff”) against Spectra360, Inc. (“Defendant”) (collectively, Plaintiff and Defendant are referred to as the “Parties”), entitled Emando Roos v. Spectra360, Inc., Alameda Superior Court Case No. 22CV005271 (the “Lawsuit”).
In the Lawsuit, Plaintiff seeks to represent: (1) all current and former hourly-paid or non-exempt employees of Defendant who worked at any Ferguson Enterprise, LLC location in the State of California at any time during the period from January 10, 2018 to July 30, 2024, (“Class Members”); and (2) all current and former hourly-paid or non-exempt employees of Defendant who worked at any Ferguson Enterprise, LLC location in the State of California at any time during the period from November 4, 2020 to July 30, 2024 (“PAGA Members”).
The proposed Settlement has two main parts: (1) a “Class Settlement” requiring Defendant to fund Individual Settlement Payments, and (2) a “PAGA Settlement” requiring Defendant to fund Individual PAGA Payments and pay penalties to the California Labor and Workforce Development Agency (“LWDA”).
The Court granted preliminary approval of the Parties’ settlement on December 12, 2024, and has scheduled a hearing on May 20, 2025 at 3:00 P.M. (the “Final Approval Hearing”) to determine whether or not to grant final approval of the Settlement. Your legal rights may be affected, and you have a choice to make now.
Your Legal Rights and Options | |
DO NOTHING | Receive an Individual Settlement Payment and an Individual PAGA Payment (if eligible). By doing nothing, you will receive an Individual Settlement Payment, and, if eligible, an Individual PAGA Payment. However, you will release the right to assert all of the Released Class Claims against Defendant and the other Released Parties. |
EXCLUDE YOURSELF FROM THE CLASS SETTLEMENT | Exclude Yourself from the Class Settlement and Receive No Individual Settlement Payment. If eligible, you will still receive an Individual PAGA Payment because you cannot exclude yourself from the PAGA Settlement. You may opt-out of the Class Settlement by submitting a signed Request for Exclusion that must be postmarked no later than March 3, 2025. If you submit a valid and timely Request for Exclusion, you will not receive any payment from the Class Settlement and you will not be bound by the release of class claims provided under the Settlement. You cannot opt-out of the PAGA Settlement. Defendant must pay Individual PAGA Payments to all PAGA Members and who must give up their rights to pursue Released PAGA Claims. |
OBJECT TO THE CLASS SETTLEMENT | Object to the Class Settlement. You cannot object to the PAGA Settlement. If you choose to participate in the Class Settlement, you may submit an objection to the Class Settlement. To object, you can submit an objection to the Settlement Administrator no later than March 3, 2025, or you can appear at the Final Approval Hearing and state any objections to the Class Settlement. If the Court overrules your objection, you will receive an Individual Settlement Payment, and you will release the right to assert all of the Released Class Claims against Defendant and the other Released Parties. |
CHALLENGE THE CALCULATION OF YOUR WORKWEEKS/ PAY PERIODS | You may Challenge the Calculation of Your Workweeks/Pay Periods. The amount of your Individual Settlement Payment and Individual PAGA Payment (if any) depends on how many Workweeks and how many Pay Periods you worked during the Class Period and the PAGA Period, respectively. The number of Class Period Workweeks and PAGA Period Pay Periods that you worked according to Defendant’s records is stated in Section 6 of your Notice. If you wish to dispute the Workweeks and/or Pay Periods credited to you in the Notice, you must submit a challenge to the Settlement Administrator no later than March 3, 2025. |
Upcoming Important Dates
Opt-Out Deadline
03/03/2025
Dispute Deadline
03/03/2025
Objection Deadline
03/03/2025