United States District Court, Central District of California, Western Division
Case No. 2:19-cv-06735-GW-RAO
To: Former and current non-exempt hourly employees employed by ABM Industry Groups, LLC, and/or its predecessors, who worked in the State of California at any point from June 4, 2015, through December 14, 2021 (the “Term Date”), and belong to one of the subclasses described below (“Class Members”).
Plaintiffs Isabel Artiga, Jessica Sheehan, Gabriel Rodriguez, Mario Ernesto Gil Canas, Jaime Mendoza and Lorenza Torres (together, “Plaintiffs”), on their behalf and on behalf of other current and former non-exempt employees, allege that ABM Industry groups, LLC, (“Defendant”) violated California state labor laws and have made the following claims for relief: (a) failure to pay wages, including minimum wages; (b) failure to pay overtime wages; (c) failure to provide proper meal periods, and to properly provide premium pay in lieu thereof (limited to the members of the Supervisor Meal and Rest Break Settlement Class); (d) failure to authorize and permit rest breaks, and to properly provide premium pay in lieu thereof (limited to the members of the Supervisor Meal and Rest Break Subclass); (e) improper and/or inaccurate wage statements; (f) waiting time penalties for untimely pay of wages at the conclusion of employment; (g) failure to provide employment records; (h) failure to provide written notice of paid sick leave available; (i) unfair business practices; (j) failure to comply with employee bond laws regarding uniform deposits; and (k) civil penalties under PAGA. Plaintiffs also allege violations under the Federal Fair Labor Standards Act (“FLSA”).
After the exchange of relevant information and evidence, the parties agreed to enter into settlement negotiations in an attempt to informally resolve the claims in the case. On March 18, 2021, the parties participated in mediation with Ninth Circuit Mediator Roxane G. Ashe, including additional settlement discussions afterwards. With Mediator Ashe’s guidance, the parties were able to negotiate a complete settlement of Plaintiffs’ claims
Counsel for Plaintiffs, and the attorneys appointed by the Court to represent Class Members, Harris & Ruble (“Class Counsel”), have investigated and researched the facts and circumstances underlying the issues raised in the case and the applicable law. While Class Counsel believe that the claims alleged in this lawsuit have merit, Class Counsel also recognize that the risk and expense of continued litigation justify settlement. Based on the foregoing, Class Counsel believe the proposed settlement is fair, adequate, reasonable, and in the best interests of Class Members.
Defendant has denied, and continues to deny, the factual and legal allegations in the case and believes that it has valid defenses to Plaintiffs’ claims. By agreeing to settle, Defendant is not admitting liability on any of the factual allegations or claims in the case or that the case can or should proceed as a class action. Defendant has agreed to settle the case as part of a compromise with Plaintiffs.
OPTION 1 – SUBMIT A CLAIM FORM TO BE ELIGIBLE FOR PAYMENT
If you want to receive money from the settlement, you must complete and sign the enclosed Claim Form. You need to complete the Claim Form and promptly mail or fax it to the Claims Administrator no later than March 21, 2022. You can also file a claim online by Clicking Here.
Under Option 1, and if the Court grants final approval of the settlement, you will be mailed a check for your share of the settlement funds.
OPTION 2 – OPT OUT OF THE SETTLEMENT
Class Members who do not wish to participate in the settlement may exclude themselves by submitting a written request to the Settlement Administrator stating that they received this Notice of Class Action Settlement, and desire to be excluded from the settlement. The written request for exclusion must include the Class Member’s name, signature, address, telephone number, and last four digits of the Class Member’s Social Security Number. Sign, date, and fax or mail the request for exclusion by First Class U.S. Mail or equivalent, to the address below.
Artiga v. ABM Industry Groups, LLC, et al.
c/o CPT Group, Inc.
50 Corporate Park
Irvine, CA 92606
The Request for Exclusion must be postmarked or faxed not later than March 21, 2022. If you submit a Request for Exclusion which is not postmarked or faxed by March 21, 2022, your Request for Exclusion will be rejected, and you will be included in the settlement class.
If you choose Option 2, you will no longer be a Class Member, and you will:
- Not Receive a Payment from the Net Settlement Amount.
- Not release the Released Claims. However, if the Court grants final approval of the settlement, all claims for PAGA civil penalties that arise from or relate to the Released Claims during the period from August 28, 2017 through the Term Date will be released.
OPTION 3 – OBJECT TO THE SETTLEMENT
All Class Members may object to the settlement if they find it unfair or unreasonable. Class Members who elect to object to the settlement should provide: (1) their full name, signature, address, telephone number, and dates of employment, (2) a written statement of all grounds for their objection accompanied by any legal support; (3) copies of any papers, briefs, or other documents upon which the objection is based; and (4) a statement about whether they intend to appear at the Final Fairness Hearing. The objection should be filed with the Court and mailed to Class Counsel and Counsel for Defendant: See Notice of Class Action Settlement for more information, Click Here.
All objections must be filed by March 21, 2022. Late objections may not be considered. By submitting an objection, you are not excluding yourself from the settlement. To exclude yourself from the settlement, you must follow the directions described above. Please note that you cannot both object to the settlement and exclude yourself. You must choose one option only.
You may also, if you wish, appear at the Final Fairness Hearing held at 8:30 a.m. on April 4, 2022 in the U.S. District Court, Central District of CA, Western Division., located at 350 West 1st Street, Los Angeles, CA, 90012, Courtroom 9D, 9th Floor and discuss your objection with the Court and the Parties at your own expense. You may also retain an attorney to represent you at the hearing. Due to COVID-19 restrictions, the hearing may proceed virtually. If this is the case, you may obtain instructions on how to make a virtual appearance via the Court’s website: https:// www.cacd.uscourts.gov/honorable-george-h-wu
If you choose Option 3 and the Court overrules your objection or otherwise approves the settlement, you will still be entitled to the money from the settlement but only if you complete your Claim Form and postmark it by March 21, 2022, as described in Option 1. Otherwise, if the Court overrules your objection, you will be deemed to have released the Released Claims and will not receive a payment from the settlement.
OPTION 4 – DO NOT DO ANYTHING.
You may also do nothing in response to this notice. However, if you choose to do nothing, and if the Court grants final approval of the settlement, you will be deemed to have released the Released Claims even though you will not receive money from the settlement. If you do not want to be deemed to have released the Released Claims, you must exclude yourself from the settlement by following Option 2. If you want to receive money from the settlement, you must choose Option 1.