IF YOU ARE ONE OF 189 HOURLY EMPLOYEES OF WORKFORCE OUTSOURCING, INC. WHO WORKED AS A SECURITY GUARD AT AN ADESA FACILITY, AT ANY TIME DURING THE PERIOD OFJANUARY 5, 2006 TO DECEMBER 11, 2012, THERE IS AN APPROVED SETTLEMENT OF A CLASS ACTION LAWSUIT ONGOING IN THE SAN BERNARDINO SUPERIOR COURT THAT MAY AFFECT YOUR RIGHTS.

On January 5, 2010, a class action lawsuit was filed against Workforce Outsourcing, Inc. by two security guards, Nancy Elliott and Jerry Townsend on behalf of themselves and their fellow security guards. On March 26, 2013, the Court issued FINAL APPROVAL of the settlement with Workforce Outsourcing, Inc. and Adesa California, LLC to settle the claims asserted in the class action.

On December 20, 2012, a Notice and Claim Form, approved by the Court, were mailed to the 189 security guards who are to entitled to receive a share of the proposed settlement.  Each class member had until February 19, 2013 to return their Claim Form in order to receive their share of the settlement.

IF YOU TIMELY SUBMITTED A VALID CLAIM FORM, CHECKS FOR YOUR SHARE OF THE SETTLEMENT WERE MAILED TO YOU ON APRIL 3, 2013. YOUR CHECKS REMAIN VALID FOR 180 DAYS - UP TO AND INCLUDING SEPTEMBER 30, 2013. IF YOU DON'T CASH YOUR CHECKS BY SEPTEMBER 30, 2013, YOUR SHARE OF THE SETTLEMENT WILL GO TO THE STATE OF CALIFORNIA WHICH IS REQUIRED TO HOLD IT IN TRUST FOR YOU. 

The lawsuit sought unpaid wages and other damages on behalf of hundreds of hard-working security guards who were employees of Workforce Outsourcing who experienced one or more of Workforce Outsourcing's alleged violations of California labor law, including: (1) failure to pay the security guards for all hours worked; (2) failure to pay all earned overtime; (3) failure to provide half-hour, uninterrupted, meal breaks during shifts in excess of 5 hours; (4) failure to permit paid ten minute, uninterrupted breaks during shifts of 3.5 hours or more; (5) unlawful deduction of 1/2 hour of pay from each employee's shift; (6) their failure to reimburse employees for work related expenses such as badges, name tags, shirts, jackets,  flashlights, and the cost of cost of cleaning uniforms; (7) their failure to pay the security guards all of their earned wages at the time they are discharged or quit; and (8) their refusal to provide accuate wage statements which contained the statutorily required information.

California law provides that employees who are not permitted to take the meal and rest periods allowed under Industrial Welfare Commission Wage Order No. 5 must be paid one additional hour of pay for each day that the rest periods are not permitted, and one additional hour of pay for each day that the thirty minute meal periods are not provided. Further, California law provides that employees are entitled to overtime for shifts worked in excess of 8 hours in a given day OR over 40 hours in a given week. California law require an employer to provide, at no expense to the employee, all equipment and materials required for the performance of their job, including but not limited to, name tags, badges, flashlights, shirts and jackets. Moreover, employers who require the wearing of uniforms must provide and maintain those uniforms at no cost to the employee. Further, an employer is required to pay an employee all of their earned wages on the day they are discharged or within 72 hours, if the employee quits. Lastly, an employer is required to provide its employees wage statements which accurately record all earned hours and the monetary rates applicable to each hour worked.