Misclassified Independent Contractors Archives - HELMER FRIEDMAN LLP 310-396-7714

Wage & Hour Lawsuit Against Tatitlek & US Marine Corps

The United States District Court for the Central District of California has given its final approval to the class action settlement in this case. Class member settlement checks will be issued on January 27, 2012.

The United States District Court for the Central District of California has preliminarily approved a class action settlement in this case. The official website regarding the settlement is http://www.tssisettlement.com/. The Court has entered an Order certifying this lawsuit as a class and defined the Settlement Class as individuals who performed services as role players, foreign language specialists, civilians on the battlefield and the like (whatever the job title), whether as independent contractors or professionals, exempt or non-exempt employees, at the US Marine Corps Base at Twentynine Palms, California, or at any other site pursuant to contract between Tatitlek Support Services, Inc. and the United States Marine Corps between November 6, 2004 and January 24, 2011. The deadline to file a Claim is June 22, 2011. You may file a claim by at the official website regarding the settlement is http://www.tssisettlement.com/ Below are some answers to frequently ask questions.

FREQUENTLY ASKED QUESTIONS

What is this lawsuit about?
The lawsuit alleges that Tatitlek Support Services, Inc. (“TSSI”) initially improperly classified individuals as independent contractors and thereafter as salaried exempt employees (instead of non-exempt hourly employees) and, accordingly, failed to pay them overtime in violation of Federal and California law and otherwise failed to comply with California’s wage and hour laws applicable to non-exempt hourly employees. Plaintiffs further allege that TSSI breached oral employment contracts with individuals. TSSI denies any and all of the allegations made by Plaintiffs in the Litigation.
Why did I receive this Notice?
There is now pending in the United States District Court for the Central District of California, a class action and TSSI’s employment records indicate that you are a member of the Settlement Class.
What is the description of the Class?
All persons who performed services as role players, foreign language specialists, civilians on the battlefield and the like, whatever the job title, whether as independent contractors or professionals, exempt or non-exempt employees, at the United States Marine Corps base located at Twentynine Palms, California or at any other site pursuant to contract between Tatitlek Support Services, Inc. (“TSSI”) and the United States Marine Corps between November 6, 2004 and January 24, 2011.
What are my options?
You can file a claim and receive a Settlement Award. You can dispute the employment information in the claim form. You can exclude yourself from the Settlement and Class. You will be excluded from the Settlement Class, will not receive a settlement award, and will not be bound by the settlement. You can do nothing. If you do nothing, you will be bound by the settlement agreement and you will not receive any money from the Settlement Fund. You can object to the Settlement.
What are the settlement benefits for Class Members?
The Settlement Fund is in the amount of Two Million Four Hundred Thousand Dollars and Zero Cents ($2,400,000.00). After other expenses are deducted from the fund, the Net Settlement Fund is estimated to be $1,635,000.00. The distribution will occur on a pro-rata basis based on the number of days worked by each Settlement Class member.
How do I file a Claim?
You may complete, sign, and return the Claim Form that was enclosed in the Notice packet mailed to you by the filing deadline of June 22, 2011. Alternatively, you may use the official website regarding the settlement — http://www.tssisettlement.com/ to file a claim, by following the instructions after selecting the File Claim tab in the upper right hand menu.
What if I disagree with the either the Number of Days Worked or the Last Day Worked?
If you dispute the Number of Days Worked or Last Day Worked, you must provide documentation (such as pay stubs) showing the different number of days you worked.
What if I want to exclude myself from this Class Action?
To be excluded, you must timely deliver a written request for exclusion to the Claims Administrator postmarked no later than June 22, 2011. Such request must refer to John Joseph Saint John, Julio Cesar Flores, Antonio Aguilar v. Tatitlek Support Services, Inc., Tatitlek/Force Preparedness Training Services, Inc., et al., U.S. District Court, Central District of California, Case No. ED CV08-01909 JZ (RZx), provide the name, address, telephone number and last four digits of the social security number of the person requesting exclusion, and clearly state that such person requests exclusion from the Settlement Class. If you request exclusion, you will be responsible for handling your own case (to the extent the statute of limitations does not bar the prosecution of your claims in a new lawsuit) and/or securing your own legal representation.
What if I want to file an Objection with the Court?
You may object to this settlement by delivering a written statement objecting to the settlement to the Claims Administrator at the address noted above, and attorneys for both no later than September 30, 2011. Such objection must refer to John Joseph Saint John, Julio Cesar Flores, Antonio Aguilar v. Tatitlek Support Services, Inc., Tatitlek/Force Preparedness Training Services, Inc., et al., U.S. District Court, Central District of California, Case No. ED CV08-01909 JZ (RZx), provide the name, address, telephone number and last four digits of the social security number of the person objecting, and clearly state why you object to the settlement and whether you intend to appear at the Final Settlement Approval Hearing. You may not object to this settlement if you exclude yourself from the Settlement Class. You must still submit a Claim Form if you wish to participate in the settlement, even if you object.
Who are the attorneys representing the Class?
HELMER • FRIEDMAN, LLP
723 Ocean Front Walk
Culver City, California 90291
Telephone: (310) 396-7714
Facsimile: (310) 396-9215
E-Mail: info@helmerfriedman.com
www.helmerfriedman.com

THE COWAN LAW FIRM
Jeffrey W. Cowan (S.B. # 157474)
1541 Ocean Avenue, Suite 200
Santa Monica, CA 90401
Telephone: (310) 394-1420
Facsimile: (310) 394-1430
E-Mail: jeffrey@cowan-law.com
www.cowan-law.com

Who are the attorneys representing the Defendant?
BROWN GITT LAW GROUP, LLP
Thomas P. Brown IV and Sherry B. Shavit
300 North Lake Avenue, Suite 200
Pasadena, California 91101
Telephone: (626) 229-1919
Facsimile: (626) 229-1917
E-mail: sshavit@browngitt.com
When and where is the Final Approval Hearing?
A Final Settlement Approval Hearing is scheduled at the U.S. District Court, Central District of California, located at 312 N Spring St #G8, Los Angeles, CA 90012-2095, on October 21 2011, at 10:30 a.m.

U.S. Remodelers Class Action

U.S. District Court preliminarily approves $1.5 million class action settlement. To see a copy of the Court’s Notice of Class Action Settlement, Claim Form and Procedures, Exclusion Procedures, and Final Approval of Settlement Hearing, click here. If you are a current or former Sales Associate or Manager of U.S. Remodelers, Inc. (U.S. Home Services) and/or U.S. Home Systems, Inc. who was employed in California at any time between the dates of July 3, 2003 and August 24, 2009, you are a member of the class and should have received a copy of the Court’s Notice.

If you have not received this document, please contact the Claims Administrator as soon as possible to request copy of this document and the Claim Form:

U.S. Remodelers Litigation
c/o CPT Group, Inc.
16630 Aston Street
Irvine, California 92606
Toll free number: (888) 844-3063

In order to make a claim and potentially receive a settlement award, you must must complete and return the Claim Form you should have received, which must be post-marked no later than November 7, 2009. If you fail to complete and return the Claim Form within the foregoing time, you will be barred from participating in the settlement. To see a copy of the Claim Form, click here.

March 20, 2008 – Counsel for plaintiffs seeking witnesses and evidence in lawsuit against U.S. Remodelers. Click here to fill out Questionnaire (pdf) or (Word).

The law firm of Helmer • Friedman LLP represents plaintiffs in a potential class action lawsuit against U.S. Remodelers, Inc. and its parent corporation, U.S. Home Systems, Inc. The lawsuit seeks to recover: (1) deductions that were unlawfully taken from the commissions earned by California Sales Associates from July 3, 2003, to the present time; and (2) reimbursements for expenses incurred by California Sales Associates during the same time period.

The lawsuit alleges that U.S. Remodelers unlawfully required that its California Sales Associates “insure” the company against business losses and alleged “overhead” expenses by deducting two types of losses and expenses from the employees’ earned commissions. First, the lawsuit alleges that U.S. Remodelers deducted a co-called “administration” or “permit” fee (typically in the amount of $250.00) from salespersons’ commissions. Second, the lawsuit alleges that U.S. Remodelers deducted amounts from each California Sales Associate’s commission when they under-measured the customer’s kitchen or other area to be re-faced or made other mistakes.

The lawsuit also alleges that U.S. Remodelers failed to reimburse its California Sales Associates for the expenses they incurred in the course of performing their job duties and responsibilities including, among other expenses, the following:

Home Depot Uniforms – The lawsuit alleges that some California Sales Associates purchased shirts and other items of clothing with The Home Depot name or logo for which they have not been reimbursed in violation of Labor Code Sections 450 and 2802.
Home Depot Business Cards – The lawsuit alleges that some California Sales Associates purchased business cards with The Home Depot name or logo for which they were not reimbursed in violation of Labor Code Sections 450 and 2802.
Home Depot Thank You Note Cards – The lawsuit alleges that some California Sales Associates purchased Thank You Note Cards with The Home Depot name or logo for which they were not reimbursed in violation of Labor Code Sections 450 and 2802.
Fax Machine and Laser/Ink Jet Cartridges – The lawsuit alleges that some California Sales Associates purchased a fax machine and/or laser/ink jet cartridges for which they were not reimbursed in violation of Labor Code Sections 450 and 2802.
Copy Machine/Ink Cartridges and/or Copying Costs – The lawsuit alleges that some California Sales Associates purchased a copy machine and/or spent money to make copies of documents for which they were not reimbursed in violation of Labor Code Sections 450 and 2802.
Computer and Internet Connection – The lawsuit alleges that some California Sales Associates purchased a computer and maintained an internet connection for which they were not reimbursed in violation of Labor Code Sections 450 and 2802.
Cell Phone and Cellular Service – The lawsuit alleges that some California Sales Associates purchased a cell phone for which they were not reimbursed in violation of Labor Code Sections 450 and 2802.
Overnight Delivery Service Costs – The lawsuit alleges that some California Sales Associates incurred costs and expenses using overnight delivery services such as FedEx for which they were not reimbursed in violation of Labor Code Sections 450 and 2802.
Pens, Paper, Envelopes, and Other Office Supplies – The lawsuit alleges that some California Sales Associates purchased pens, paper, envelopes, and other offices supplies for which they were not reimbursed in violation of Labor Code Sections 450 and 2802.

U.S. Remodelers has denied liability in this matter. Currently, the parties are still in the process of investigating the allegations made in this lawsuit. As part of our investigation, we hope to obtain information from as many potential class members as possible. Toward that purpose, we have prepared a questionnaire that can provide us with information about the allegations made in the lawsuit.

Click here to fill out Questionnaire (pdf) or (Word).

By filling out this questionnaire and returning it you can provide vital information to us that will help obtain a favorable settlement in this matter or support our motion for class certification if the case does not settle.

If you would like to obtain additional information about this lawsuit and your rights, or if you have questions about the Questionnaire, please call attorney Greg Helmer at 310-396-7714. August 17, 2007 – Counsel for U.S. Remodelers, Landegger Baron & Lavenant, remove the case to the United States District Court for the Central District of California. For a copy of the Notice of Removal, Learn More… August 3, 2007 – Helmer Friedman LLP files a First Amended Complaint For Damages and Injunctive Relief. For a copy of the First Amended Complaint For Damages and Injunctive. Learn More…

July 3, 2007 – Helmer Friedman LLP files a class action lawsuit in the Los Angeles Superior Court against U.S. Remodelers, Inc. and U.S. Home Systems, Inc. arising from their alleged unlawful wage and hour practice of requiring that their employees “insure” the companies against business losses and alleged “overhead” expenses by deducting such losses and expenses from their employees’ earned commissions. The class action lawsuit also alleges that the companies unlawfully forced their employees to incur various business expenses including purchasing various goods bearing The Home Depot insignia and logo from The Home Depot but refused to reimburse their employees for such expenditures.

This is an Attorney Solicitation from Gregory D. Helmer and Andrew H. Friedman of Helmer Friedman, LLP. Prior results do not guarantee a similar outcome.

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