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On January 5, 2010, a class action lawsuit was filed by former hourly employee security guards, Nancy Elliot
and Jerry Townsend (collectively, the “Former Employees”), in the San Bernardino County Superior Court –
Rancho Cucamonga Courthouse, against Workforce Outsourcing,
Inc. (“Workforce”). The class action was
filed on behalf of all hourly employees of Workforce who worked as security guards at any time during the period of January 5, 2006 to the December 11, 2012 (the “Proposed
Class”). In the lawsuit, the Former Employees alleged that Workforce committed unlawful business practices at the temporary labor offices they operate in the State of California by: 1. Not paying the hourly employees, including but not limited to security
guards, all of their earned wages, including overtime; 2. Not timely paying
all earned wages when the employee quit or was fired; 3. Not providing lawful pay stubs/wage statements; 4. Not permitting paid ten consecutive minute, uninterrupted rest
period, where the employee is relieved of all job duties, for shifts worked in excess of four hours; 5. Not providing thirty consecutive minute, uninterrupted meal period,
where the employee is relieved of all job duties, for shifts worked in excess of five hours, and/or 6. Not reimbursing employees for all employment related
expenses, including the costs of badges, name tags, flashlights, shirts, jackets, and the cost of cleaning the uniforms. 7. Not providing wage statements which accurately stated all hours worked and the appropriate rate of pay
associated with each hour worked.
Through the lawsuit, on behalf of all of the security guards, the Former Employees sought to recover money from
Workforce Outsourcing, Inc., including all unpaid wages, statutory penalties, interest, costs, and attorney’s fees,
for all hourly employees who experienced one or more of the labor law violations mentioned above. Further, through the lawsuit,
the Former Employees sought an injunction to prevent Workforce Outsourcing, Inc. from continuing to commit the alleged
labor law violations.
COURT: San Bernardino County Superior Court - Rancho Cucamonga Courthouse CASE FILED: January 5, 2010 CASE NUMBER: CIVRS 1000073 ASSIGNED TO: Judge Joseph R. Brisco DEPT: R10 PUNATIVE CLASS REPRESENTATIVES: Nancy Elliot, Jerry Townsend DEFENDENT: Workforce Outsourcing, Inc. CERTIFIED CLASS COUNSEL:
LANGFORD & LANGFORD, APLC Michael
S. Langford, Esq 24681 La Plaza, Suite 220 Dana Point, CA 92629 Telephone: (949) 545-6540 Fax: (949) 545-6541
CURRENT STATUS (current as of April 3, 2013): On December 20, 2012, Notice and Claim Form were mailed to all 189 former security guards identified as potential class members entitled to receive a share of the proposed settlement. The recipients were required to sign and return their Claim Form on or before February 19, 2013, 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. FUTURE HEARINGS (current
as of April 3, 2013): The Court has scheduled a Order to Show Cause re the transfer of the proceeds from any settlement
checks which remain uncashed for September 26, 2013. |
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