wage theft class actions
April 4, 2019 – Firm partner Nick Carlin and associate Brian Conlon filed papers today asking San Joaquin Superior Court Judge George Abdallah to approve the class action settlement reached by the firm on behalf of approximately 620 employees of Tracy Auto Center and several related car dealerships. The case arose in connection with those dealerships’ employment policies and practices, which the employees alleged were in violation of the California Labor Code. Under the proposed settlement, the car dealers will pay $1.2 million. “This settlement provides a fair and reasonable monetary recovery for the class,” Nick Carlin said. “The settlement is particularly favorable, given the recent anti-worker U.S. Supreme Court decisions allowing employers to ban their employees from bringing class actions and requiring them to bring their wage claims in individual arbitrations. If not for this class settlement, these employees faced the very real prospect of having to file 620 individual arbitrations.” Judge Abdallah is expected to set a hearing date shortly.
UPDATE – April 25, 2019 – San Joaquin Superior Court Judge George Abdallah today granted the firm’s motion for preliminary approval of the class action settlement made on behalf of current and former employees of Tracy Auto Center and other related dealerships. A hearing regarding final approval of the settlement is set for August 20th, 2019. Notice to the class is pending.
March 22, 2019 – Firm lawyers Nick Carlin, David Given and Brian Conlon filed papers today seeking to certify a class of approximately 150 restaurant employees who worked at renowned-chef Charlie Palmer’s Burritt Room + Tavern at the Mystic Hotel in San Francisco until early 2018, when Mr. Palmer and a partner sold the hotel and restaurant to new owners. Those papers detail allegations by almost a dozen former employees of endemic wage theft and fraud at the restaurant, where no policy or practice existed for providing legally-mandated rest and meal breaks and management intentionally altered time records to mask the discrepancy. This malfeasance resulted in what the firm has calculated to be several million dollars of underpayments (including penalties) to employees over an approximate four-year period. San Francisco Superior Court judge Mary E. Wiss has scheduled a hearing for April 12th to consider the matter.
December 19, 2018 – Firm lawyers Nick Carlin and Brian Conlon succeeded today in convincing Alameda County Superior Court Judge Winifred Y. Smith to reject auto dealership Hanlees Auto Group’s attempt to compel arbitration of most of firm client Thomas Jarboe’s employment claims. The employer based its motion to compel arbitration on an agreement the client allegedly entered into with only one of its conglomerate’s entities. In denying in substantial part Hanlees’ motion, the court agreed with the firm that the client could only be compelled to arbitrate his individual claims with the entity listed on the arbitration agreement, and not the other entities or individuals he worked for. The court also agreed that the client’s Private Attorney General Act claims could not be arbitrated at all and that he was entitled to “seek and recover every remedy” otherwise available to the State of California in court, including lost wages payable to aggrieved employees under California Labor Code § 558. The court also refused to stay, as Hanless requested it do, any part of the court case while the client’s individual claims are arbitrated. Further proceedings before Judge Smith are pending, as the firm continues its efforts to vindicate the client’s rights and those of his fellow employees in court.
August 21, 2018 – TopVerdict.com recognized PEG&C on its 2017 Top 20 Class Action Settlements in California list for the firm's work in the case Dale et al. v. Lithia Motors, Inc. Firm partners Nicholas A. Carlin and Randy S. Erlewine, together with co-counsel, secured a settlement of over $4,000,000 approved in May of last year for certain auto dealership employees who had been subjected to various wage and hour violations at the hands of DCH Auto Group and Lithia Motors. With a class size of around 400, the settlement amounted to about $10,000 per class member. For a copy of the court’s order granting approval of this settlement, click here. Earlier this year, another court approved a settlement the firm concluded in related litigation on behalf of another group of Lithia employees for $6,500,000. For a copy of the court’s order granting approval of that settlement, click here.
March 5, 2018 – Firm lawyers Nick Carlin and Brian Conlon filed papers today opposing the petition of Hanlees Auto Group to compel individual arbitration of wage theft class action claims arising from Hanlees’ systematic failure to provide meal and rest breaks to its workers while falsifying time records to make it look like they were getting such breaks. In those papers, the firm’s lawyers argued that the purported arbitration agreement is invalid and unenforceable and that it would essentially be a “get-out-of-jail free card” for Hanlees. Hanlees owns and operates 16 car dealerships in California; hundreds of current and past employees have potentially been impacted by the practices alleged in the firm’s lawsuit. A hearing on the matter in the Alameda County Superior Court is expected shortly. For more information on the case, or if you have had similar employment experience with Hanlees, click here.
January 23, 2018 – Firm partners David Given and Nick Carlin filed a complaint today in San Francisco Superior Court on behalf of a former employee at Burritt Room + Tavern, a restaurant until recently operated by the Charlie Palmer Group. The firm’s client seeks relief for California labor code violations by the collection of restaurants and hotels located in the State led by celebrity chef Charlie Palmer. The client's complaint alleges that the restaurant group denied employees proper meal and rest breaks and failed to properly compensate for overtime worked. Additionally, says the complaint, managers were instructed to falsify time records by marking employees as clocked out regardless of whether they had actually stopped working. The firm is investigating whether and how additional Charlie Palmer Group restaurants may have practiced similar labor violations. For a full list of locations under investigation, or if you believe you have been affected by any of these violations or wish to learn more about the investigation, click here.
December 19, 2017 – Los Angeles County Superior Court Judge Kenneth R. Freeman indicated from the bench today that he will grant final approval to the settlement agreement reached in the firm’s second wage theft class action against DCH Auto Group and its parent entity Lithia Motors, Inc., the eighth largest automotive retailer in the U.S. The class consists of clerical and other employees working for the car dealership chain in the State of California, who will each share in a $6.5 million common fund to compensate them for unpaid wages. This is the second settlement the firm has concluded on behalf of DCH employees; the first, for just over $4 million dollars on behalf of a class of approximately 400 auto mechanics, was given final approval in May of this year. An order and final judgment (no one objected to the settlement) is expected soon.
December 5, 2017 – Alameda County Superior Court judge Brad Seligman today granted the firm’s motion for final approval of a class action settlement made on behalf of 76 highly-skilled clinical technicians of medical services company Digirad Corporation. The case concerned alleged wage theft in the manner in which Digirad employed and paid these individuals. The deal – which included Digirad’s payment of a $1.3 million settlement fund for back wages, penalties to the State of California, fees and costs – faced no objections, and none of the class members opted out of it. Some class members will receive as much as $50,000 from the settlement fund. Firm partner Nick Carlin argued that the result was excellent given the facts of the case. Judge Seligman agreed, and is expected to enter a final judgment soon.
September 21, 2017 – Alameda County Superior Court judge Brad Seligman today granted preliminary approval of the settlement in the firm’s wage theft class action against Digirad Corporation and its related entities. Led by firm partner Nick Carlin, the firm negotiated an exceptional settlement, the culmination of a year of hard fought litigation. By that settlement, Digirad has agreed to pay $1.3 million to approximately 70 current and former employees of the medical diagnostic services company. The settlement is a victory for the firm’s clients, who often worked 10-14 hour shifts while being deprived meal and rest breaks and premium pay. Judge Seligman has set a final approval hearing on the settlement for December 5, 2017. Notice to the class is pending.
June 21, 2017 – Firm partner Nicholas Carlin announced today that Los Angeles County Superior Court Judge Kenneth R. Freeman has conditionally granted the firm’s motion for preliminary approval of the settlement agreement reached in the firm’s second wage theft class action against DCH Auto Group and its parent entity Lithia Motors, Inc., the eighth largest automotive retailer in the U.S. The court's ruling allows the settlement of $6.5 million for a class of clerical and other employees to proceed to class notice pending a further order, expected shortly, setting a calendar of events leading to a hearing on final approval of the settlement. Judge Freeman set the final approval hearing for October 24th. This is the second settlement the firm has concluded on behalf of DCH employees; the first, for just over $4 million dollars on behalf of a class of approximately 400 auto mechanics, was given final approval last month.
May 18, 2017 – Los Angeles Superior Court Judge Ann Jones today granted the firm’s request for final approval of a wage and hour class action settlement for a class of 434 auto mechanics against DCH Auto Group and its parent entity Lithia Motors, Inc., the eighth largest automotive retailer in the U.S. The settlement followed years of litigation and months of exhaustive mediation before a retired state court judge. The total monetary recovery for the class exceeded $4 million. Led by firm partners Nicholas Carlin and Randy Erlewine, the firm’s case against DCH Auto Group arose out of DCH’s labor practices in the State of California, and included allegations of the company’s repeated failure to provide statutorily-mandated breaks, falsifying of time records, failure to pay minimum wage, and failure to pay all earned wages. The firm’s case against DCH for non-mechanic employees who number in the thousands remains pending.
February 24, 2017 – Firm partner Nicholas Carlin announced today that Los Angeles County Superior Court Judge Ann I. Jones has granted the firm's motion for preliminary approval of the settlement agreement reached in the firm's wage theft class action against DCH Auto Group and its parent entity Lithia Motors, Inc. (the eighth largest automotive retailer in the U.S.) The court's ruling found that the settlement of over $4 million or about $10,000 per class member – a result of years of litigation and months of exhaustive mediation – was reasonable. The Court also granted conditional class certification for the class of approximately 400 California based auto mechanics, and appointed the firm class counsel.
UPDATE – March 9, 2017 – The court entered its order granting preliminary approval of this settlement today. The class administrator has begun the process of giving notice to the class. For more information about the settlement, click here.
January 11, 2017 – Firm partner Randy Erlewine today prevailed upon a state court judge to compel DCH Auto Group and its related entities to disclose employee information in the firm’s ongoing wage theft class action against them. In a carefully considered opinion, Los Angeles County Superior Court Judge Gail Ruderman Feuer sided with the firm’s clients, a putative class of approximately 2,000 of the auto dealership chain’s current and former clerical and other non-mechanic employees, ruling that the dealership chain must supplement discovery responses and provide employee contact information following an opt-out opportunity. Judge Feuer also rejected the argument that, after a stay in discovery was vacated, objections to further discovery responses were warranted because of the pendency of other actions filed against it in the interim. For more information on the case, click here.
January 3, 2017 – In his capacity as co-lead counsel, firm partner Nicholas Carlin today filed a motion for preliminary approval of the settlement the firm concluded last year on behalf of a class of approximately 400 California-based auto mechanics with DCH Auto Group and its related corporate entities and parent, Lithia Motors, Inc. (the eighth largest automotive retailer in the U.S.), in its wage theft case against them. The settlement agreement comes after several months of intensive mediation with a well-respected retired California state court judge, and provides for a total monetary recovery of over $4 million, or about $10,000 per class member. The California Judicial Council has appointed Los Angeles County Superior Court Judge Ann I. Jones to preside over coordinated proceedings in the matter. A hearing on the firm’s motion before Judge Jones is pending.
December 19, 2016 – Firm partners Randy Erlewine and Nick Carlin today filed a class action in the federal district court in San Francisco on behalf of employees of car-sharing service Uber Technologies. The lawsuit alleges that Uber promised these employees – many highly sought-after software engineers and other technology workers – the most valuable type of stock options (commonly referred to as “Incentive Stock Options”) as part of their employment contracts, but after they joined the company, granted far less valuable options (commonly referred to as “Non-Qualified Stock Options”), and that Uber acted to prevent employees from exercising their options at the promised times. The lawsuit further alleges that Uber misrepresented the terms of the options and never had any intention of honoring its promises. This lawsuit comes on the heels of the firm’s victory against Uber in a parallel state court action on similar issues arising under California’s Private Attorney General Act for violations of the California Labor Code. Despite Uber's argument that its stock option compensation promises were unenforceable, San Francisco Superior Court Judge Harold E. Kahn sided with the firm's client and overruled Uber’s effort to defeat the claim against it based on those promises, allowing the case to move forward on the theory that those promises were false when made and therefore a violation of state statutory law. Further proceedings in that action are pending.
December 1, 2016 – San Bernardino County Superior Court judge Donald Alvarez sided with the firm and denied the summary judgment motion of John Elway's Crown Toyota in the firm's ongoing battle to enforce wage rights of a group of auto mechanics working at the Southern California auto dealership. Firm lawyers Brian Conlon and Nick Carlin successfully convinced Judge Alvarez that a PAGA representative action for some 50 mechanics could proceed to trial notwithstanding the settlement of individual claims for back wages. Elway argued that the individual settlements deprived those mechanics of standing to sue under PAGA (the California Labor Code Private Attorney General Act). Conlon and Carlin countered that PAGA was enacted to deputize employees to act on behalf of the State of California to impose penalties on employers who violate labor regulations, and therefore settlement of individual wage claims does not affect the right of the state and its deputized employees to enforce those regulations. Judge Alvarez agreed with the firm and denied Elway’s motion, scheduling a trial-setting conference for Dec. 9th.
August 29, 2016 – Firm Partners Nick Carlin and Randy Erlewine today filed a class action complaint for wage theft and related labor code violations against Lithia Motors, Inc., the owner of DCH Auto Group, on behalf of a group on non-technician employees for wage and hour violations under California law. The complaint, filed in federal court in Los Angeles, alleges that DCH failed to provide meal and rest breaks to its employees, failed to pay overtime, and failed to provide proper wage statements. The Complaint further alleges that DCH knowingly committed fraud and conversion by falsifying time records to show that employees had taken meal breaks when in fact they had not, and seeks recovery of punitive damages. The case represents individuals employed at the dealerships in hourly, non-exempt positions, including office workers and service writers. The firm recently settled another case against DCH on behalf of a group of approximately 400 technicians (mechanics) for over $4 million; court approval of that settlement is pending.
August 25, 2016 – Firm partner Nicholas A. Carlin announced today, by Notice of Settlement filed with the Los Angeles Superior Court, that DCH Auto Group and its parent company, Lithia Motors, Inc., have agreed to a class wide settlement of all wage and hour claims against them by current and former auto mechanic employees of their California DCH dealerships. The agreement acknowledges that previous payments made to some employees in the amount of $435,600 was a result of the litigation, and provides for payment of an additional $3.6 million to the class, bringing the total value of the litigation to the employees to over $4 million. As there are over 400 class members, this is an average of just under $10,000 per class member. The settlement amount is inclusive of attorneys’ fees, costs and class representative service awards. While court approval is pending, Mr. Carlin is expected to serve as co-lead counsel.
December 9, 2015 – PEG&C partner Randy Erlewine today defeated the motion of defendant Jeff Burgess & Associates, Inc., which sought dismissal of the claims of the firm’s client under California’s wage and hour laws for overtime and premium pay. Marin County Superior Court Judge Roy O. Chernus agreed with the firm that material issues of fact over the client’s duties and responsibilities as the CEO’s executive assistant precluded summary judgment on those claims. Judge Chernus’ ruling opens the door to the same or similar claims on behalf of other employees of the defendant under California’s so-called PAGA statute; among other things, evidence adduced thus far in the case indicates that the defendant employer treated all of its employees as exempt from the California state statutory law’s wage and hour protections. In addition to her discrimination and retaliation claims, the firm’s client has alleged a wide-spread pattern and practice of wage theft by her former employer, potentially implicating years of wages of numerous current and former employees. The case is Bronson v. Jeff Burgess & Associates, Inc., et al., Case No. CV1404660.
October 28, 2015 – Marin County Superior Court Judge Roy O. Chernus today ruled in favor of the motion of firm client to compel her former employer to produce documents and answer written questions under oath relating to her wage theft case. The firm's client brought a so-called PAGA case on her own behalf and on behalf of all other employees of Jeff Burgess & Associates, Inc., claiming that the company engaged in systematic and persistent wage and hour violations under California law. In addition to ordering wide-ranging discovery into its digital files, Judge Chernus ordered the employer to turn over information about other employees and to give those employees notice of the client's pending claims, in which they may have an interest. Judge Chernus directed the employer to comply within 30 days of the court’s order.
August 6, 2015 – Los Angeles Superior Court Judge Emilie Elias today considered the petition for coordination filed by the firm on behalf of client Candace Holzer in her case against auto dealership giant DCH/Lithia Motors for wage theft under California statutory law. Currently pending are seven separate court cases filed by different employees against one or another of the various DCH entities and dealerships, in addition to a growing number of private individual arbitrations, for similar wage and hour violations. In a proceeding that lasted most of the morning, Judge Elias agreed with the firm that its follow-on case for employee Ryan Dale (who says DCH/Lithia coerced him and others into signing “settlement” agreements over these claims without the benefit of counsel and in violation of law) should be deemed an “included action” in any coordination. She retained jurisdiction over all such cases, stayed proceedings in them, and allowed the parties to commence a mediation of all claims before one mediator. Judge Elias set a deadline of March of next year to conclude that mediation. A court order is pending.
June 30, 2015 – The firm has filed a second lawsuit against DCH Auto Group (now owned by Lithia Motors, one of the largest chains of car dealerships in the nation) for claims arising from DCH’s labor practices in the State of California, where it owns and operates over a dozen car dealerships. In a complaint filed today in Los Angeles County Superior Court, auto mechanic Ryan Dale accuses DCH of fraud and unfair competition, among other things, in connection with DCH’s practice of calling employees into “settlement” meetings with management and coercing those employees to sign away their wage claims for pennies on the dollar, in violation of law. These “settlement” meetings were apparently in response to allegations which continue to accumulate and are now pending in six separate lawsuits in three different California Superior Courts against DCH alleging systemic and persistent wage and hour law violations. Employees’ claims include failure to provide statutorily-mandated breaks (and falsifying time records to cover them up), failure to pay minimum wages, and failure to pay all earned wages. The firm recently sought to have those lawsuits coordinated by one judge; the California Judicial Council will hear the firm’s application to do so in early August.
June 12, 2015 – The firm applied today to the State of California's Judicial Council to coordinate several PAGA complaints against DCH Auto Group (USA) in the Los Angeles Superior Court. Six suits are pending in Southern California by current and former employees against the auto sales giant and its affiliated dealerships alleging numerous and persistent violations of the California labor code, including denying employees meal and rest breaks, failing to pay for overtime work, failing to pay minimum wages, failing to reimburse employees for out-of-pocket costs, and falsifying employees’ time records to cover it up. Coordination of the cases expands and consolidates the potential number of dealerships included in issue as well as expands and consolidates the categories of employees covered by the claims to include clerical and office workers, service writers, auto mechanics and technicians, and sales people.
May 12, 2015 – Defendants today answered the allegations of an amended complaint filed in San Francisco federal court in a class action brought by the firm on behalf of a former employee of the famed Spenger’s Fresh Fish Grotto. The restaurant, currently owned and operated by restaurant chain McCormick & Schmick, in turn a wholly owned subsidiary of Landry’s (until 2010, a publicly traded company), has been an East Bay fixture on Fourth Street in Berkeley since the 1930s. The amended complaint amplifies claims previously made against these two entities for persistent and systematic wage and hour violations under California law. Hundreds of current and former restaurant employees may have been damaged by these alleged violations. A recent court order has set a case management conference in the matter for June 4th.
March 12, 2015 – Firm partner Nick Carlin succeeded today in overcoming multiple objections to moving forward with client Candace Holzer’s wage theft case against DCH Auto Group, one of the largest auto dealerships in the nation, a case brought under California’s Private Attorneys General Act and seeking broad compensatory relief. Siding with Ms. Holzer, Los Angeles County Superior Court Judge Michael Johnson rejected DCH’s attempt to compel arbitration of Ms. Holzer’s wage and hour claims on behalf of herself and all other non-exempt employees throughout the State of California; Judge Johnson also refused to grant a stay of Ms. Holzer’s case, as requested by DCH on multiple grounds, including the existence of pending arbitration proceedings by others on their own individual wage theft claims. The court’s order is pending. For more information about the case, which now enters the pre-trial discovery phase, click here.
February 23, 2015 – The firm today filed a 23-page federal court complaint against the owner and operator (together with the corporate parent) of Spenger’s Fresh Fish Grotto, the popular seafood restaurant located in Berkeley, on behalf of a putative class of the restaurant's workers. The class action complaint alleges a pattern and practice of unlawful conduct, including forcing employees to work off-the-clock and without compensation, failing to provide statutorily required breaks, failing to provide accurate and complete wage statements and engaging in fraudulent recordkeeping. The court has set the first hearing in the case for May.
October 14, 2014 – Firm partner Nicholas Carlin filed an amended complaint today in Los Angeles Superior Court on behalf of Candace Holzer, a former employee of DCH Auto Group (one of the largest auto dealerships in the nation – recently acquired by Lithia Motors [NYSE:LAD]), seeking relief under the California Private Attorneys General Act of 2004 (“PAGA”) for wage and hour violations. The complaint alleges, among other things, that DCH failed to allow its employees to take meal and rest breaks, and falsified time records to show that employees clocked out for lunch when in fact they were still working. The complaint seeks recovery on behalf of Ms. Holzer and all other non-exempt employees of DCH in all of its auto dealerships in California. Any current or former employee with information about such potential labor code violations is encouraged to contact the firm.
February 19, 2014 – The San Francisco Superior Court today approved the settlement of a class action on behalf of hundreds of minimum wage workers, who alleged they had been unlawfully denied meal and rest breaks. Under the settlement, each of 525 class members, represented by partner Nicholas Carlin, will receive payments averaging over $1,650, and in many cases exceeding $5,000. In addition, defendants will pay a record $45,000 in penalties to the California Labor & Workforce Development Agency.
November 18, 2013 – The San Francisco Superior Court granted preliminary approval of the settlement of a class action on behalf of approximately 700 minimum wage workers, represented by Nick Carlin, who alleged the workers had been unlawfully denied meal and rest breaks. Under the settlement, class members are expected to receive roughly one hour of pay for each shift worked during the time period covered by the lawsuit or an average of over $1,500 each. Defendants will also pay PE&G's fees and costs, as well as $45,000 in penalties to the California Labor & Workforce Development Agency. The court will hold a final approval hearing on February 19, 2014.
April 26, 2013 – Defendant restaurant chain and its owners stonewalled the firm's attempts to obtain material evidence, on behalf of its restaurant worker clients including records of time worked and wages earned by employees, and evidence of defendants' financial dealings. Paul A. Renne, Esq., acting as Pro Tem Judge of the San Francisco Superior Court, had "little sympathy" for defendants and flatly rejected their contentions -- including their argument that Judicial Council form interrogatories were vague and sought irrelevant information -- and he held that defendants had failed entirely to engage in a good faith effort to respond to plaintiffs' legitimate discovery requests. Judge Renne ordered the defendants to provide virtually all of the information plaintiffs requested, and also ordered defendants and their lawyers to pay $5,000 in monetary sanctions for their willful obstruction of discovery. PE&G attorney Alex Tuzin led this effort. The case is Sayre v. SFS 39, Inc., San Francisco Superior Court Case No. CGC-12-523838.
April 16, 2013 – PE&G attorney Nick Carlin thwarted an attempt by defendant restaurant chain to stall – potentially for years – the firm's clients' class action claims for wage theft and other violations of the California Labor Code. The restaurant chain recently began requiring its employees to sign arbitration agreements, and Mr. Carlin represents a separate group of employees in arbitration who were similarly deprived of their rights. The restaurant chain argued that all proceedings in the class action (involving plaintiffs who did not sign the arbitration agreement) should halt until after the arbitration is concluded. The firm's attorneys successfully argued to San Francisco Superior Court judge Marla Miller that this was an improper effort to hold the class action hostage and deny the firm's clients access to the justice system. The judge agreed, and permitted the class action to move forward.
Our firm works on behalf of employees on a class-wide basis, helping them to recover earnings lost as a result of unlawful labor practices. These Labor Code violations range from denial of meal and rest breaks to falsifying of time records and denial of overtime pay. Our most recent victory in this area resulted in a combined $10.5 million settlement for several classes of employees, and an average payment of up to $4,000 (depending on the type of employment) to each of the individual class members.