1. WHY DID I GET A NOTICE?
2. WHAT IS THIS LAWSUIT ABOUT?
3. WHY IS THERE A SETTLEMENT?
4. SUMMARY OF THE SETTLEMENT
5. WHAT IS MY ESTIMATED INDIVIDUAL SETTLEMENT PAYMENT?
6. WHAT RIGHTS AM I RELEASING IF I PARTICIPATE IN THE SETTLEMENT?
7. WHAT ARE MY RIGHTS AND OPTIONS AS A CLASS MEMBER?
8. WHEN AND WHERE IS THE FINAL APPROVAL HEARING?
9. WHAT IF I HAVE QUESTIONS?
Defendant’s records show that you were employed by Defendant in California at some point during the period from January 10, 2018 to July 30, 2024 (the “Class Period”). The Court has authorized the notice because you have the right to know about the Settlement and your options before the Court decides whether to approve it. The notice explains what the Lawsuit is about, the terms of the Settlement, and your rights.
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On November 4, 2021, Plaintiff provided written notice to the LWDA and Defendant of the specific provisions of the California Labor Code that he contends were violated (“PAGA Notice”). On January 10, 2022, Plaintiff filed a Class Action Complaint for Damages & Enforcement Under the Private Attorneys General Act, California Labor Code § 2698, et seq. (the “Complaint”) in the Superior Court for the County of Alameda. Plaintiff alleged that Defendant failed to pay all wages due, including overtime wages, meal period premiums, rest period premiums, and minimum wages; failed to timely pay wages during employment and upon termination; failed to issue compliant wage statements; failed to maintain accurate payroll records; failed to reimburse all necessary business expenses; engaged in unfair business practices; and owed penalties pursuant to the California Labor Code Private Attorneys’ General Act of 2004, California Labor Code §§ 2698, et seq. (“PAGA”). In his Complaint, Plaintiff sought to represent a class of all current and former non-exempt and/or hourly-paid employees who worked for Defendant in the State of California at any time during the period from January 10, 2018 to final judgment.
Defendant denies all of the material allegations in the Complaint and asserted numerous affirmative defenses.
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The Court has not made any decision about the merits of Plaintiff’s Lawsuit. There has been no trial. However, to avoid additional expense and the risks of continued litigation, Plaintiff and Defendant have concluded that it is in their respective best interests and the interest of the Class Members and PAGA Members to settle the Lawsuit on the terms summarized in the Notice.
The Settlement was reached after an exchange of extensive information about the facts and legal arguments in support of, and against, all of the claims raised in the Lawsuit. Plaintiff, Class Counsel, and Defendant all support this Settlement due to, among other things, Defendant’s potential defenses to liability, the inherent risk associated with a trial on the merits, the delays and uncertainties associated with litigation, and the benefits provided to Class Members and PAGA Members under the Settlement.
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Defendant has agreed to pay a settlement amount of Four Hundred Twelve Thousand Five Hundred Dollars and Zero Cents ($412,500.00) (the “Gross Settlement Amount”). The portion of the Gross Settlement Amount that is available for payment to the Class Members is referred to as the “Net Settlement Amount.” The Net Settlement Amount will be the Gross Settlement Amount less the following payments which are subject to approval by the Court: (1) Class Representative Enhancement Award in an amount not to exceed Seven Thousand Five Dollars and Zero Cents ($7,500.00), (2) PAGA Penalties in an amount not to exceed Fifty-Five Thousand Dollars and Zero Cents ($55,000.00), (3) Attorneys’ Fees in an amount not to exceed thirty-five percent (35%) of the Gross Settlement Amount (i.e., $144,375.00), (4) Litigation Costs in an amount not to exceed Twenty-Five Thousand Dollars and Zero Cents ($25,000.00), and (5) Settlement Administration Costs in an amount not to exceed Ten Thousand Dollars and Zero Cents ($10,000.00).
Fifty-Five Thousand Dollars and Zero Cents ($55,000.00) of the Gross Settlement Amount has been allocated towards penalties under the PAGA (“PAGA Penalties”), of which 75% will be allocated to the LWDA (“LWDA Payment”), and the remaining 25% will be allocated to the PAGA Members (“Employee PAGA Amount”).
Class Members are eligible to receive payment of their pro rata share of the Net Settlement Amount (“Individual Settlement Payment”) based on the number of weeks that each Class Member was credited to have worked for Defendant as an hourly-paid or non-exempt employee in the State of California at any time during the Class Period, and worked at least one day (“Workweeks”).
The Settlement Administrator has divided the Net Settlement Amount by the Workweeks of all Class Members to yield the “Estimated Class Workweek Value” and multiplied each Class Member’s individual Workweeks by the Estimated Class Workweek Value to yield his or her estimated Individual Settlement Payment that he or she may be eligible to receive under the Settlement. If the Court grants final approval of the Settlement, the Settlement Administrator shall divide the final Net Settlement Amount by the Workweeks of all Class Members who did not submit a valid and timely Request for Exclusion (“Participating Class Members”) to yield his or her Individual Settlement Payment, which shall be paid from the Net Settlement Amount, less applicable employee-side tax withholdings.
Each Individual Settlement Payment will be allocated twenty percent (20%) to wages, which will be reported on an IRS Form W2, and eighty percent (80%) to penalties and interest, which will be reported on an IRS Form 1099 (if applicable). The Settlement Administrator will withhold the employee’s share of taxes and withholdings with respect to the wage portion of the Individual Settlement Payments, and issue checks to Participating Class Members for their Individual Settlement Payments (i.e., payment of their Individual Settlement Payment net of these taxes and withholdings). The employer’s share of taxes on the wage portion of Individual Settlement Payments will be paid by Defendant separately and in addition to the Gross Settlement Amount. The Individual PAGA Payments are characterized as penalties rather than wages for tax purposes. The Administrator will report the Individual PAGA Payments on IRS 1099 Forms.
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Your Individual Settlement Payment and Individual PAGA Payment (if applicable) reflected in the Notice is only an estimate. Your actual Individual Settlement Payment and Individual PAGA Payment (if applicable) may be higher or lower.
The settlement approval process may take multiple months. Payments will be distributed only after the Court grants final approval of the Settlement, and after the Settlement goes into effect.
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If the Court approves the Settlement, the Court will enter a judgment and the Settlement Agreement will bind all Participating Class Members (i.e., Class Members who have not submitted a timely and valid Request for Exclusion) as well as all PAGA Members. This will bar all Participating Class Members and PAGA Members from bringing certain claims against Defendant.
Upon the Effective Date and the full funding of the Gross Settlement Amount, Plaintiff and all Participating Class Members waive, release, and discharge Released Parties of any and all Released Class Claims. “Released Class Claims” means any and all wage-related claims under state, federal, or local law, that were alleged in or which could have been alleged in the Complaint based on the factual allegations in the Complaint, arising during the Class Period, including the following claims, under any legal theory of liability, for: (1) alleged failure to pay overtime wages pursuant to California Labor Code sections 510, 1194, and 1198 and the IWC Wage Orders; (2) alleged failure to provide meal periods pursuant to California Labor Code sections 226.7 and 512 and the IWC Wage Orders; (3) alleged failure to provide rest periods pursuant to California Labor Code section 226.7 and the IWC Wage Orders; (4) alleged failure to pay all minimum wages owed pursuant to California Labor Code sections 1194, 1194.2, 1197, and 1197.1 and the IWC Wage Orders; (5) alleged failure to pay all wages owed at termination pursuant to California Labor Code sections 201-203 and the IWC Wage Orders; (6) alleged failure to pay all wages in a timely manner during employment pursuant to California Labor Code section 204 and the IWC Wage Orders; (7) alleged failure to furnish accurate itemized wage statements pursuant to California Labor Code section 226 and the IWC Wage Orders; (8) alleged failure to maintain adequate payroll records pursuant to California Labor Code section 1174 and the IWC Wage Orders; (9) alleged failure to reimburse all necessary business expenses pursuant to California Labor Code sections 2800 and 2802 and the IWC Wage Orders; and (10) alleged violations of California Business & Professions Code sections 17200, et seq.
Upon the Effective Date and the full funding of the Gross Settlement Amount, Plaintiff, the State of California, and PAGA Members waive, release, and discharge Released Parties of any and all Released PAGA Claims. “Released PAGA Claims” means any and all claims, actions, and causes of action for civil penalties under the Private Attorneys General Act, California Labor Code section 2698, et seq., arising during the PAGA Period, based on the factual allegations and legal theories in the PAGA Notice and Complaint, for alleged violations of California Labor Code sections 201, 202, 203, 204, 226(a), 226.7, 510, 512(a), 551, 552, 558, 1174(d), 1194, 1197, 1197.1, 1198, 2800 and 2802, and Industrial Welfare Commission Wage Orders, including inter alia, Wage Order 4-2001.
“Released Parties” means Defendant, and any of its former and/or current parents, subsidiaries, affiliates, successor and predecessor entities, and any other entities that could be considered to have jointly employed the Class Members or PAGA Members, including, without limitation, Ferguson Enterprises, LLC, as well as each of their respective officers, directors, managers, owners, executives, partners, executive-level employees, shareholders, agents, attorneys, and any other predecessors, successors, assigns or legal representatives.
The information provided in the Notice is only a summary. The terms of the Settlement Agreement are the binding terms of this settlement, and all of these terms, including the releases that will bind you as a class member if you do not submit a Request for Exclusion, are set forth fully in the Settlement Agreement that is on file with the Court and which can also be found here. If the Court does not approve the Settlement, or the Settlement does not become final for some other reason, the litigation against Defendant will continue.
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If you wish to participate in the Settlement and receive money from the Settlement, you do not have to do anything. You will automatically be included in the Settlement and will be issued your Individual Settlement Payment and Individual PAGA Payment (if eligible). If you participate in the Settlement, you will be bound by its terms and any judgment that may be entered by the Court based thereon, and you will release all of the claims described in Section 8 above. As a Participating Class Member, you will not be separately responsible for the payment of attorneys’ fees or litigation costs and expenses, unless you retain your own counsel, in which event you will be responsible for your own attorneys’ fees and expenses.
If you wish to exclude yourself from the Class Settlement because you wish to pursue a separate lawsuit against Defendant for the claims asserted in this Lawsuit, or if you do not wish to participate in the Settlement for other reasons, you must submit a signed Request for Exclusion to the Settlement Administrator asking to exclude yourself from the Settlement. The Request for Exclusion must: (1) contain the case name and number of the Lawsuit (Emando Roos v. Spectra360, Inc., Case No. 22CV005271); (2) contain your full name, address, telephone number, and last four digits of your Social Security number; (3) be signed by you or your authorized representative; (4) contain a clear statement that you request to be excluded from the Class Settlement; and (5) be mailed to the Settlement Administrator, postmarked no later than March 3, 2025 to the following address:
Emando Roos v. Spectra360, Inc
c/o Settlement Administrator – 8234
P.O. Box 26170
Santa Ana, CA 92799
Phone: (888) 369-3780
Requests for Exclusion that are postmarked after March 3, 2025 will not be valid. Requests for Exclusion that do not include all of the required information will be deemed null, void, and ineffective.
If the Court grants final approval of the Settlement, any Class Member who submits a valid and timely Request for Exclusion will not be entitled to receive any payment from the Settlement, will not be bound by the Settlement (and the release of claims described in Section 8 above), and will not have any right to object to, appeal, or comment on the Settlement. Any Class Members who do not submit a valid and timely request for exclusion will be deemed Participating Class Members and will be bound by all terms of the Settlement, including those pertaining to the release of claims described in Section 8 above, as well as any judgment that may be entered by the Court based thereon.
Class Members will receive their share of the PAGA payment, regardless of whether they opt out of being a Class Member.
If you do not think the Class Settlement is fair, you can object to the Class Settlement and tell the Court you do not agree with the Class Settlement or some part of it if you have not submitted a Request for Exclusion from the Class Settlement. The Court will consider your views. To object, you must submit a written objection to the Settlement Administrator or appear at the final settlement hearing to explain your objection. To be valid, a written objection must: (1) contain the case name and number of the Lawsuit (Emando Roos v. Spectra360, Inc., Case No. 22CV005271); (2) contain your full name, address, telephone number, signature, and last four digits of your Social Security number; (3) clearly state the grounds for the objection; (4) state whether you intend to appear at the Final Approval Hearing; and (5) be mailed to the Settlement Administrator, postmarked no later than March 3, 2025 to the address listed in Section 9(B).
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The Court will hold a Final Approval Hearing on May 20, 2025 at 3:00 P.M. in Department 22 of the Alameda County Superior Court, located at 1225 Fallon Street, Oakland, CA 94612 to determine whether the Settlement should be finally approved as fair, reasonable, and adequate. The Court will also be asked to approve and award Attorneys’ Fees and Litigation Costs to Class Counsel and the Class Representative Enhancement Award. The hearing may be postponed without further notice to Class Members. It is not necessary for you to appear at the Final Approval Hearing, although you may appear if you wish to.
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A complete copy of the Settlement Agreement and the Notice are available here. This website may be updated periodically to update the Class Members on any developments in the case.
You may also view the Settlement Agreement and documents filed in the Action for a fee by visiting the civil clerk’s office, located at the Administration Building at 1221 Oak Street, Oakland, California 94612 during business hours, or online by visiting the following website: https://eportal.alameda.courts.ca.gov/.
For further information about this case, you may contact Class Counsel or the Settlement Administrator. Class Counsel’s contact information is as follows:
Arby Aiwazian, Esq.
Joanna Ghosh, Esq.
Vartan Madoyan, Esq
LAWYERS for JUSTICE, PC
410 West Arden Avenue, Suite 203
Glendale, California 91203
Telephone: (818) 265-1020
Jill J. Parker, Esq.
PARKER & MINNE, LLP
700 S. Flower Street, Suite 1000
Los Angeles, California 90017
Telephone: (310) 882-6833
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