You may be eligible to receive money from a class action lawsuit (“Action”) against National Ready Mixed Concrete Co. (“Defendant”) for alleged wage and hour violations. The Action was filed by former employee Ronald Santellan (“Plaintiff”) and seeks recovery of wages, reimbursements, and penalties for all current and former non-exempt employees of Defendant in the State of California during the Class Period. The “Class Period” is from April 1, 2018 to February 10, 2024. Plaintiff also seeks penalties under the California Private Attorney General Act (“PAGA”) for all for all current and former non-exempt employees of Defendant in the State of California during the “PAGA Period,” which is from September 1, 2019 to February 10, 2024 (Aggrieved Employees”).
The proposed Settlement has two main parts: (1) a Class Settlement requiring Defendant to fund Individual Class 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 has already preliminarily approved the proposed Settlement and approved the Notice. The Court has not yet decided whether to grant final approval. Your legal rights are affected whether you act or not act. Read the Notice carefully. You will be deemed to have carefully read and understood it. At the Final Approval Hearing, the Court will decide whether to finally approve the Settlement and how much of the Settlement will be paid to Plaintiff and Plaintiff’s attorneys (“Class Counsel”). The Court will also decide whether to enter a judgment that requires Defendant to make payments under the Settlement and requires Class Members and Aggrieved Employees to give up their rights to assert certain claims against Defendant.
Your Legal Rights and Options | |
You Do Not Have to Do Anything to Participate in the Settlement | If a class member does nothing, they will be considered a Participating Class Member, eligible for an Individual Class Payment and an Individual PAGA Payment (if any). In exchange, the class member will give up their right to assert the claims against the Defendant that are covered by this Settlement (Released Claims). |
You Can Opt-out of the Class Settlement but not the PAGA Settlement. | If a class member does not want to fully participate in the proposed Settlement, they can opt out of the Class Settlement by sending the Administrator a written Request for Exclusion. Once excluded, the class member will be considered a Non-Participating Class Member and will no longer be eligible for an Individual Class Payment. Non-Participating Class Members cannot object to any portion of the proposed Settlement. |
Participating Class Members Can Object to the Class Settlement but not the PAGA Settlement. | All Class Members who do not opt out (“Participating Class Members”) can object to any aspect of the proposed Settlement. The Court’s decision on whether to finally approve the Settlement will include a determination of how much will be paid to Class Counsel and the Plaintiff who pursued the Action on behalf of the Class. Class Members are not personally responsible for any payments to Class Counsel or the Plaintiff, but every dollar paid to Class Counsel and the Plaintiff reduces the overall amount paid to Participating Class Members. Participating Class Members can object to the amounts requested by Class Counsel or the Plaintiff if they believe those amounts are unreasonable. |
You Can Participate in the Final Approval Hearing | The Court’s Final Approval Hearing is scheduled for January 9, 2025. Class Members do not have to attend but have the right to appear in person, by telephone, or via the Court’s virtual appearance platform, either personally or by hiring an attorney at their own expense. Participating Class Members can verbally object to the Settlement at the Final Approval Hearing. |
You Can Challenge the Calculation of Your Workweeks. | The amount of an Individual Class Payment and PAGA Payment (if any) depends on the number of workweeks worked during the Class Period and the number of Pay Periods worked during the PAGA Period, respectively. The number of Class Period Workweeks and PAGA Period Pay Periods worked, according to the Defendant’s records, is stated on the first page of the Court Approved Notice of Class Action Settlement. If a Class Member disagrees with either of those numbers, they may challenge them by November 4, 2024. |