Frequently Asked Questions

1. What is the action about?

Plaintiff is a former employee of Defendant. The Action alleges that Defendant violated California labor laws by failing to pay all wages, including overtime wages, provide compliant meal periods, provide compliant rest periods, issue accurate itemized wage statements, keep required records, pay all wages timely during employment and upon separation, reimburse business expenses, and violated California’s Unfair Competition Law. Plaintiff seeks PAGA penalties for failures related to wage payments (including overtime wages), meal period violations, rest period violations, inaccurate wage statements, timely wage payments upon separation and during employment, business expense reimbursements, and record-keeping. Plaintiff is represented in the Action by Moon Law Group P.C. (“Class Counsel”).

Defendant strongly denies any violations of laws or failures to pay wages and contends that it has complied with all applicable laws.

2. What does it mean that the action has settled?

So far, the Court has made no determination regarding whether Plaintiff or Defendant are correct on the merits of the case. In the meantime, both parties engaged an experienced, neutral mediator to resolve the Action through negotiation, aiming to settle the case rather than continue with the costly and time-consuming litigation process. The negotiations were successful, leading to the creation of a written settlement agreement (“Agreement”). Plaintiff and Defendant have jointly requested the Court to enter a judgment to end the Action and enforce the Agreement. The proposed Settlement is now subject to the Court’s Final Approval. Both parties agree that the proposed Settlement represents a compromise of disputed claims. By agreeing to settle, Defendant does not admit to any violations or concede the merit of any claims.

Plaintiff and Class Counsel strongly believe the Settlement is advantageous for Class Members, as they contend that: (1) Defendant has agreed to pay a fair, reasonable, and adequate amount considering the claims and the risks and uncertainties of continued litigation; and (2) the Settlement is in the best interests of the Class Members and Aggrieved Employees. The Court has preliminarily approved the proposed Settlement as fair, reasonable, and adequate, authorized the Notice, and scheduled a hearing to determine Final Approval.

3. How will the administrator calculate payment?

Individual Class Payments: The Administrator will calculate Individual Class Payments by (a) dividing the Net Settlement Amount by the total number of Class Period Workweeks worked by all Participating Class Members, and (b) multiplying the result by the number of Class Period Workweeks worked by each individual Participating Class Member.

Individual PAGA Payments: The Administrator will calculate Individual PAGA Payments by (a) dividing the Aggrieved Employees’ 25% share of PAGA Penalties by the total number of PAGA Period Pay Periods worked by all Aggrieved Employees, and (b) multiplying the result by the number of PAGA Period Pay Periods worked by each individual Aggrieved Employee.

Workweek Challenges: The number of Class Period Workweeks and/or PAGA Period Pay Periods worked, as recorded in Defendant’s records, is stated on the first page of the Notice. Class Members have until November 4, 2024, to challenge the number of workweeks credited to them. To submit a challenge, Class Members should sign and send a letter to the Administrator via mail, email, or fax. Section 9 of the Notice provides the Administrator’s contact information.

To support a challenge, Class Members should include copies of pay stubs or other relevant records. The Administrator will accept Defendant’s calculation of workweeks based on Defendant’s records as accurate unless Class Members provide copies of records with contrary information. Copies should be sent rather than originals, as the documents will not be returned. The Administrator will resolve workweek challenges based on the submitted information and input from Class Counsel (who will advocate on behalf of Participating Class Members) and Defense Counsel. The Administrator’s decision is final, and there is no option to appeal or further challenge the final decision.

4. How will Class Members get paid?

Participating Class Members. The Administrator will send, by U.S. mail, a single check to every Participating Class Member (i.e., every Class Member who doesn’t opt-out) including those who also qualify as Aggrieved Employees. The single check will combine the Individual Class Payment and the Individual PAGA Payment.

Non-Participating Class Members. The Administrator will send, by U.S. mail, a single Individual PAGA Payment check to every Aggrieved Employee who opts out of the Class Settlement (i.e., every Non-Participating Class Member).

5. How do I opt-out of the Class Settlement?

To opt out of the Settlement, a class member must submit a written and signed letter that includes their name, current address, telephone number, and a clear statement expressing their desire not to participate in the Settlement. The Administrator will process the exclusion based on any written request indicating the intention to be excluded.

The request should be personally signed and must identify the Action as Santellan v. National Ready Mixed Concrete Co. It should also include the class member’s identifying information: full name, address, telephone number, approximate dates of employment, and social security number for verification purposes.

The request must be made personally by the class member. If someone else submits the request on their behalf, it will not be considered valid. The Administrator must receive the exclusion request by November 4, 2024, or it will be deemed invalid.

6. How do I object to the Settlement?

Only Participating Class Members have the right to object to the Settlement. Before deciding whether to object, a class member may wish to review what Plaintiff and Defendant are asking the Court to approve. At least 16 court days before the Final Approval Hearing, Class Counsel and/or Plaintiff will file in Court: (1) a Motion for Final Approval, which will include, among other things, the reasons why the proposed Settlement is considered fair; and (2) a Motion for Fees, Litigation Expenses, and Service Payment, which will specify (i) the amount Class Counsel is requesting for attorneys' fees and litigation expenses, and (ii) the amount Plaintiff is requesting as a Class Representative Service Payment.

Only Participating Class Members have the right to object to the Settlement. Before deciding whether to object, a class member may wish to review what Plaintiff and Defendant are asking the Court to approve. At least 16 court days before the Final Approval Hearing, Class Counsel and/or Plaintiff will file in Court: (1) a Motion for Final Approval, which will include, among other things, the reasons why the proposed Settlement is considered fair; and (2) a Motion for Fees, Litigation Expenses, and Service Payment, which will specify (i) the amount Class Counsel is requesting for attorneys' fees and litigation expenses, and (ii) the amount Plaintiff is requesting as a Class Representative Service Payment.

7. Can I attend the Final Approval Hearing?

A Class Member can choose to attend the Final Approval Hearing on January 9, 2025, at 9:00 a.m. in Department 17 of the Los Angeles Superior Court, located at 312 North Spring Street, Los Angeles, CA 90012, though attendance is not required. At the Hearing, the judge will decide whether to grant Final Approval of the Settlement and determine the amounts to be paid from the Gross Settlement to Class Counsel, Plaintiff, and the Administrator. The Court will invite comments from objectors, Class Counsel, and Defense Counsel before making its decision. Class members may attend either in person or virtually via LACourtConnect (www.lacourt.org/lacc) or hire a lawyer to attend on their behalf. For the most current information, it is advisable to check the Court’s website.