Class Action Settlements in Progress
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Current Cases
Albertson’s Supermarkets — Certified class action on behalf of Albertson’s hourly front end and key carrier managers working in California supermarkets for unpaid wages and overtime for working during rest and meal periods and compensation for Albertson’s failure to provide adequate rest and meal periods.
American Golf — Action on behalf of hourly and managerial food service providers for meal and period violations, as well as overtime.
Androstenediol Litigation — Unfair Competition Action on behalf of California consumers for Defendants’ alleged unlawful over-the-counter sale of products containing androstenediol (“Andro”), which is listed as an illegal controlled substance under California Health & Safety Code section 11056(f). Androstenediol products, are also known as "precursors," "prohormone," and "prosteroid products." The cases against the various manufacturers and retailers of Andro products have been coordinated in Los Angeles County.
Atlantic Richfield Co., et al. — United States District Court, Southern District of California, Case No. CV 0132 BTM (JAH). Sherman Act action against refiners on behalf of all gasoline wholesalers in California alleging illegal inter-refiner supply sharing contracts affecting gasoline prices. The District Court granted Defendants' Motion to Dismiss with Prejudice, which was reversed and remanded by the Ninth Circuit on June 27, 2005. Plaintiffs were allowed leave to amend the Complaint. Defendants filed another Motion to Dismiss which was granted. Plaintiffs have appealed to the Ninth Circuit and this issue remains on appeal.
Bayer — Misclassification action on behalf of California Pharmaceutical Representatives who promote and market prescription drugs manufactured by Bayer to physicians and hospitals for unpaid overtime, unprovided meal and rest periods, and failure to fully reimburse all expenses.
Bearcom — Claims for failure to fully reimburse business expenses brought by 2-way radios, cell-phones and service contracts salespeople.
Brink's — Action on behalf of California home security system salespersons for unreimbursed business expenses.
Brinker International — Rest, meal period, and off-the-clock claim by California hourly restaurant employees, including “Chili’s Grill and Bar,” “Romano’s Macaroni Grill,” “Maggiano’s Little Italy,” “Corner Bakery Café,” “Cozymel’s Mexican Grill,” and “On The Border.” Class certification order currently before the Fourth District Court of Appeal, Division One, on writ.
Catholic Healthcare West — Claims on behalf of California Nurses and Medical Technicians for off-the-clock wages and rest and meal period compensation.
CBS Radio — Action on behalf of radio advertisement salespeople for expense reimbursement.
CEMEX — Coordinated action for meal and rest period violations and failure to pay prevailing wages on public works projects and on behalf of ready mix drivers.
Coast Anaheim Hotel — Action on behalf of California hourly hotel employee claims for off-the-clock wages and failure to provide rest and meal periods. Currently stayed pending resolution of Murphy v. Kenneth Cole Productions [statute of limitations for rest and meal period claims].
Commonwealth Land Title Co. — Action by California outsides sales employees with job titles including sales representatives, title representatives, account executives, account managers and sales associates for failure to reimburse for all expenses incurred and improper deductions from commissions. Scheduled for mediation.
Downey Savings — Action on behalf of California Loan Originators for failure to fully reimburse for all business expenses incurred and improper deductions from commissions and Non-Loan Originators for failure to fully reimburse for business expenses.
Ethan Allen Inc. — Overtime, rest and meal period, and expense reimbursement claims alleged by California Design Consultants.
FedEx Ground — Misclassification action on behalf of California Dock Service Managers, Service Managers, Sort Managers, Pre-Load Sort Managers, and related positions for overtime pay and failure to provide meal and rest periods. The Court certified this case to proceed as a class action on February 12, 2008.
Food4Less/Kroger's/Ralphs Supermarkets — Action on behalf of California hourly supermarket employees alleges failure to provide meal periods within five hours and failure to provide meal or rest periods. Case is currently stayed by the California Supreme Court pending resolution of Gentry v. Superior Court [validity of class arbitration prohibition clauses in employment agreements] and Murphy v. Kenneth Cole Productions [statute of limitations for rest and meal period claims].
Freeway Insurance — Misclassification action by California sales representatives for unpaid overtime, improper deductions from commissions, failure to pay commissions, and failure to provide adequate rest and meal periods.
Gambro/DaVita Healthcare — Action by California acute-care nurses for failure to pay case-rate overtime and failure to provide rest and meal periods. Scheduled for mediation.
GlaxoSmithKline — Misclassification action on behalf of California Pharmaceutical Representatives, who promote and market prescription drugs manufactured by GlaxoSmithKline to physicians and hospitals, for unpaid overtime and unprovided meal and rest periods.
Grill Concepts, Inc. — Action on behalf of hourly restaurant employees for claims against Daily Grill restaurants for rest and meal period violations.
Home Depot — Coordinated action on behalf of California Home Depot hourly paid employees for off the clock, meal, and rest period violations.
Kaiser Foundation Hospitals — Action on behalf of hourly hospital employees for failure to provide meal and rest periods.
Kaiser Foundation Hospitals — Misclassification action on behalf of Information-Technology (IT) employees and reclassified employees of Defendant Kaiser Foundation Hospitals in California for overtime, rest, and meal period violations.
Konica-Minolta — Action on behalf of California technicians for failure to compensate for all hours and overtime worked, provide meal periods or compensation in lieu thereof, and fully reimburse for all business expenses. Another putative class action was filed against Konica-Minolta alleging similar claims in Los Angeles. Judicial Council assigned a coordination trial judge to hear both lawsuits in the same courtroom in Orange County.
Les Schwab — Misclassification action on behalf of California Store Managers for failure to pay overtime and meal and rest period violations. The action includes a claim for improper forfeiture of vacation pay on behalf of all California employees.
Liberty Mutual — Coordinated action for unpaid overtime claim for California insurance adjustors and related employees allegedly misclassified as exempt under the administrative exemption. The class was certified by Judge McCoy on May 18, 2004. Defendant filed a Motion to Decertify the Class and a Motion for Summary Adjudication. Plaintiffs filed a Motion for Summary Adjudication. The Court partially granted the Motion for Decertification and denied the Motions for Summary Adjudication. The Motion for Decertification is currently on appeal, with oral argument scheduled for May 23, 2007. The Court of Appeal issued a ruling in favor of Plaintiffs concerning the exemption issue; however, the Supreme Court of California decided to review the decision. Defendant submitted its opening brief to the California Supreme Court on January 28, 2008. There is currently no date set for oral argument.
Lowe’s HIW, Inc. — Overtime, unpaid wages, and rest and meal period claims for California hourly employees of this home improvement store. Scheduled for mediation.
Mayer Roofing — Claims for nonpayment of wages, minimum wages and overtime on behalf of Roofers, Loaders, and related roofing contractor work positions. The proposed class members were paid on a piece-rate basis that resulted in wages below the minimum hourly rate of pay. The Court dismissed the class action allegations, and Plaintiff filed an appeal.
Modtech — Failure to warn action on behalf of California employees who were part of a mass lay-off without the requisite 60 day warning.
New Century Title — Action by California outsides sales employees with job titles including sales representatives, title representatives, account executives, account managers and sales associates for failure to reimburse for all expenses incurred and improper deductions from commissions. Scheduled for mediation.
North Coast Couriers — Action on behalf of California delivery couriers for misclassification as independent contractors seeking overtime and unreimbursed business expenses. Mediation with Hon. Ed Infante was unsuccessful.
Orange County Register — Certified class action on behalf of California newspaper carriers or delivery personnel for misclassification as independent contractors seeking wages, minimum wages and overtime, rest and meal period compensation, reimbursement for business expenses incurred improper deductions from wages. Trial on behalf of the certified class is scheduled for September 22, 2008.
Penske — Case alleging that Penske Driver Installers were required to perform work while clocked out for meal periods, were not paid all hourly and over time wages, were not paid proper piece rate overtime, and were denied meal and rest breaks.
Pep Boys — Action against auto parts and service retailer on behalf of hourly employees for meal and rest period violations.
Sedgwick Claims Management — Misclassification action on behalf of insurance Clams Managers for overtime and meal and rest period violations.
Southern California Edison — Claims for unpaid or miscalculated hourly and overtime wages on behalf of California security guards.
Sprint-Nextel — Action on behalf of Sprint-Nextel retail center employees for improper forfeiture of vacation pay and/or paid time off.
Systems Paving — Action for unreimbursed business expenses, unpaid wages, unlawful paycheck deductions on behalf of Sales Consultants who sell paving stones and related services. Scheduled for mediation.
Target — Claims for meal and rest periods and wages for time worked off the clock on behalf of hourly employees.
TD Ameritrade — Misclassification action on behalf of California-based Investment Consultants for alleged failure to pay overtime and meal and rest period violations.
Tricor America — Action on behalf of California delivery couriers for unreimbursed business expenses.
VMWare Inc. — Claim for misclassification as exempt from overtime requirements and meal and rest period violations on behalf of the following VMWare Inc. job titles: software engineer, test engineer, systems administrator, QA engineer (platform solutions - automation engineer), and QA engineer (platform solutions - manual testing), and QA 2 engineer (platform solutions - manual testing).
Washington Mutual Bank — Certified class action by California commissioned loan sales employees [loan consultants and account managers] for expense reimbursement and improper wage deduction claim. Mediations with Daniel Weinstein and Mark Rudy were unsuccessful.
Washington Mutual Bank — Misclassification action by California commissioned loan sales employees for unpaid overtime, minimum wages, and failure to provide adequate rest and meal periods.
Waste Management — Action by California hourly garbage truck drivers for docking time for unprovided meal periods, failure to compensate for all hours and overtime worked, and failure to provide adequate rest and meal periods. Cohelan & Khoury are working on this matter with a number of highly experienced and reputable attorneys in San Diego and the Sacramento area. The York Law Firm in Sacramento filed a case alleging similar claims on behalf of the truck drivers. The parties are working to coordinate the two cases.
Wells Fargo Bank — Certified class of California Home Mortgage Consultants for expense reimbursement and improper deductions. Scheduled for mediation.
Zip Realty — Action on behalf of Zip Realty agents for failure pay to minimum and overtime wages for time spent attending a mandatory training program during the first 2 weeks of their employment.
Settled Cases
Cohelan & Khoury has obtained class settlements for over 250,000 employees and consumers against numerous companies and entities. Examples include:
- Applebee's
- Unocal
- CitiMortgage
- Joe's Crab Shack
- Nextel
- Robinsons-May
- Kaiser Foundation Hospitals
- Sprint PCS
- Hertz Limited Edition
- 99 Cents Only Stores
- Bath & Body Works
- Robinsons-May
- Home Depot
- WH Smith
- Kohl’s
- Men’s Wearhouse
- US Foodservice
- AT&T Services
- Domino's Pizza
- The Home Loan Group
- Pitney-Bowes
- World Savings
- Del Taco
- Barclays Global Investors
- Countrywide Home Loans
- DHL
- DiTech
- Cingular
- AT&T
- Hawaii Child Support Enforcement Authority
- City of San Diego
- Michaels Craft Stores
- Wyndham International
- Mimi’s Café
For further information, contact info-deleteme[at]-deleteme-ck-lawfirm [dot] com.