Class Action Settlement with Pacific Aggregates Obtains Final Approval

SAN DIEGO-On August 20, 2007, the California Superior Court for the County of Riverside granted final approval of a class action settlement between Pacific Aggregates and its hourly employees. Represented by class action employment attorneys Derek J. Emge and David A. Huch, employees sued Pacific Aggregates for its failure to provide thirty minute meal breaks and ten minute rest periods, failure to pay overtime compensation and failure to pay compensation at time of termination.

Before the case went to trial, the class and defendant engaged in extended settlement discussions and a twelve-hour mediation. Pursuant to the resulting settlement agreement, Pacific Aggregates agreed to compensate its past and present hourly employees $280,000. 58 qualified class members will share in the settlement award based upon the number of pay periods each was employed. Payments are scheduled to be made to all qualified class members before the end of September 2007.

Emge & Associates and the Law Offices of David A. Huch represented the class members. Defendant was represented by Thelen Reid Brown Raysman & Steiner LLP. The case is captioned Wolfe v. Pacific Aggregates, RIC 434805.

Emge & Associates and the Law Offices of David A. Huch specialize in employee class action litigation. Over the past five years, Mr. Emge and Mr. Huch have successfully recovered millions of dollars on behalf of consumers and employees through class action litigation.

Emge & Associates, 1-866-629-3409 http://www.emgelawfirm.com/

Law Offices of David A. Huch, 1-866-629-3409

Final Approval of Class Action Settlement Obtained in Misclassification Case Against F.H. Paschen/S.N. Nielsen, Inc.

San Diego Superior Court, June 8, 2007

After three years of litigation, including the commencement of trial, the Superior Court for the County of San Diego granted final approval of a class-wide settlement.  The action was brought by former California construction superintendents against their employer F.H. Paschen/S.N. Nielsen, Inc.  Construction superintendents were classified by the employer as exempt employees on the basis that they were paid a salary.  However, discovery revealed that class members spent the majority of their workday performing non-exempt production duties. 

Plaintiffs obtained class certification by demonstrating the employer's universal error of assuming that the payment of a salary automatically exempts an employee from overtime compensation, meal breaks, rest periods and related benefits to which hourly employees are entitled.  As recognized by the court, an employee's exemption status is properly based upon an assessment of actual job duties performed rather than the form of compensation received.  The employer's multiple motions for decertification also failed as common questions predominated. 

Prior to settlement, Plaintiffs defeated the employer's motion for summary judgment by arguing the applicability of the administrative/production dichotomy to construction superintendents.  As set forth in Bell v. Farmers Ins. Exch., (2001) 87 Cal.App.4th 805, there is a distinction between administrative employees "who are usually described as employees performing work directly related to the management policies or general business operations of his employer or his employer's customers and production employees, who have been described as those whose primary duty is producing the commodity or commodities, whether goods or services, that the enterprise exists to produce."

The case was originally scheduled for trial in November 2005.  It was then learned that F.H. Paschen/S.N. Nielsen, Inc. had insufficient assets to support a judgment as it had been funneling all income into its alter egos in Chicago: F.H. Paschen, S.N. Nielsen & Associates, Inc. and FHP Tectonics Corp.  An additional twelve months of alter ego discovery was conducted before trial was set to commence in November 2006.  On the first day of trial, the parties were able to settle the case.

The class-wide settlement was granted final approval on June 8, 2007.  84 current and former construction superintendents will share in the settlement fund of $1,080,000.  Final distributions are due at the end of June 2007.

Contacts
Emge & Associates
Derek J. Emge, 1-866-629-3409

Law Offices of David A. Huch
David A. Huch, 1-866-629-3409

Southern California Attorneys Derek J. Emge and David A. Huch Bring Class Action Lawsuit Against Del Mar Racetrack Food and Beverage Service Company for Missed Meal and Rest Break

SAN DIEGO, Mar 13, 2007 (BUSINESS WIRE) -- Southern California class action attorneys Derek J. Emge and David A. Huch recently filed a class action lawsuit against PREMIER FOOD SERVICES, INC. on behalf of numerous hourly workers, including bartenders and food servers. Headquartered in San Diego, California, PREMIER FOOD SERVICES, INC. provides food and beverage service at the Del Mar Racetrack, Del Mar Fairgrounds and other San Diego area catering operations under the fictitious business name of Carriage Trade Catering.

In their class action complaint, the hourly employees claim they have not been provided with state-mandated meal breaks and rest periods. The lawsuit seeks compensatory damages for hourly employees employed by PREMIER FOOD SERVICES, INC. from February 2003 to the present.

Under California law, all hourly employees are entitled to a 30-minute meal break for each shift lasting more than five hours. The 30-minute meal break must be uninterrupted and provided during the first five hours of the employee's shift. California hourly employees are also entitled to a 10-minute rest period for every four hours worked.

Emge & Associates and the Law Offices of David A. Huch specialize in consumer and employee class action litigation. Over the past five years, Mr. Emge and Mr. Huch have successfully recovered millions of dollars on behalf of consumers and employees through the class action procedure.

SOURCE: Emge & Associates

Law Offices of David A. Huch David A. Huch, 1-866-629-3409 e-mail or Emge & Associates Derek J. Emge, 1-866-629-3409 e-mail Copyright Business Wire 2007

California Class Action Attorneys David A. Huch and Derek J. Emge Settle Overtime and Meal Break Claims against Fortune 1000 Media Conglomerate

Portfolio Media, Inc.

Media Co. Settles Overtime, Wage Class Action

Tuesday, December 19, 2006

A California newspaper publisher has settled a lawsuit alleging that it failed to pay its district supervisors overtime or allow them meal or rest breaks was recently settled. The class action suit, filed in January 2006 in state court in California, alleged that Belo Corp. and the Press-Enterprise Company had treated 61 employees unfairly.

Derek J. Emge, one of the attorneys for the class, said Tuesday that the case came to a quick conclusion because attorneys for Belo Corp., Sheppard, Mullin, Richter & Hampton LLP, moved fast when apprised of the issue.  Belo Corp. re-classified the employment positions that are contested, and settled all claims with the current and former employees who worked during the applicable four-year statutory period under California law.

All that was left was another part of the class not covered by the first settlement. "They also sat down with us to quickly reach a resolution. In the long run, it saved their clients a lot of money by recognizing the problem and dealing with it," Emge said.  He said the terms of the settlement are confidential.

The class included those who worked for Press Enterprise, a newspaper in Riverside, Calif., as district supervisors from 2002 to 2006. Emge said more than half of the class still works for the company.  He said the district supervisors unload newspaper trucks at distribution centers, and are in charge of making sure the delivery workers do their routes and that all the newspapers get delivered. They also do routes themselves, as well as doing paperwork and scheduling.

The amended complaint alleged the workers had not been allowed state-mandated meal breaks and rest periods. The companies from December 2001 regularly made their workers work more than eight hours a day and /or 40 hours a week. The district supervisors, worked significant overtime hours and were responsible for scheduling and servicing daily delivery routes.  During the course of their day, the supervisors weren't allowed 30-minute meal periods as required by California law. The amended complaint said that the companies also failed to itemize the wage statements with the precise number of hours and minutes worked by members of the class.

The practices are fraudulent because they likely deceived all class members into believing that the compensation paid to them and their working conditions were accurate and proper employment practices, the suit said.  Under California law, all employees are presumed to be entitled to overtime pay and 30-minute meal breaks unless the employee in question falls "plainly and unmistakably" within narrowly defined exemption categories.

Russ Coleman, an attorney for the Press-Enterprise, said Monday that the company settled the suit to avoid the expense and uncertainty of litigation.  Belo Corp. owns and operates 19 television stations, seven cable news channels, 30 websites and four daily newspapers, including the Press Enterprise, which is based in Riverside, Calif.

Law Offices of David A. Huch and Emge & Associates represented the class.  Sheppard, Mullin, Richter & Hampton LLP represented the defendants.

The case is Wallis v. Belo Investment Corp, et al, case number RIC 444262, in the Superior Court of the State of California for the County of Riverside.

November 20, 2006 9:00 a.m. US Pacific Timezone

CLASS CERTIFICATION OBTAINED IN FALSE ADVERTISING CASE AGAINST INTERGULF DEVELOPMENT GROUP

SAN DIEGO—Emge & Associates, along with co-counsel Thomas E. Glynn, were appointed lead counsel in a class action certified today against Intergulf Development (Kettner) LLC, Intergulf Development Corp., Intergulf Development (USA) Corp. and Intergulf Construction Corp.  The court certified the following class:

“All persons who purchased a condominium unit at Treo @ Kettner in San Diego, California directly from Intergulf Development (Kettner) L.L.C.”

In their class action complaint, buyers of condominium units at Treo @ Kettner claim that they were victimized by a scheme of false advertising and misrepresentation.  Specifically, Class Members entered into purchase agreements for the more than 300 condominiums at a downtown high-rise known as Treo before the building had even been completed.  These purchases totaled $115,300,000.  Class Members relied upon color brochures, Internet advertising and written descriptions of the project in deciding what to pay for their units, all of which promoted access to and use of a 3,000 square foot rooftop terrace with 360-degree views of San Diego.  Only after agreeing upon a purchase price and closing escrow did Class Members learn that they had paid for a unique feature that was not to be included in the finished product – the rooftop terrace.

Class Members are anticipated to receive notice of the pending class action in the upcoming months.  Meanwhile, Class counsel is in the process of obtaining deposition and written discovery and preparing the case for trial.  Trial is anticipated to be set in early summer, 2007. 

Emge & Associates specializes in consumer and employee class action litigation.  Claims that may not justify the time and expense of litigation on an individual basis can often achieve maximum results when brought as a class action on behalf of others similarly situated.  Over the past 5 years alone, Emge & Associates has successfully recovered tens of millions of dollars on behalf of consumers and employees through the class action procedure. 

Contacts
Emge & Associates
Derek J. Emge, 1-866-629-3409
e-mail

October 6, 2006 11:00 a.m. US Pacific Timezone

Class Action Settlement with Coldwell Banker obtains final approval

SAN DIEGO-Southern California consumer class action attorneys Derek J. Emge, Matthew J. Zevin and Kirk B. Hulett obtained final approval today of a class-wide settlement with Coldwell Banker on behalf of all buyers of Southern California real estate who retained Coldwell Banker as their agent between October 16, 1998 and July 21, 2006.

In their class action complaint, buyers represented by Coldwell Banker claimed that they were deceived into paying unnecessary and duplicative fees identified as Transaction Coordinator Fees or Document Compliance Fees. These fees averaged $250 and were charged to buyers to pay for the same services that the broker was already obligated to provide.

Plaintiff's claims were brought pursuant to Business & Professions Code §§ 17200 et. seq. and alleged unfair, illegal and/or fraudulent business practices. This statutory basis allows for the recovery of restitution of moneys obtained through business practices that are "likely to deceive" the general public.

Before the matter went to trial, the parties engaged in multiple settlement discussions and, ultimately, a two-day mediation. As a result of these efforts, Coldwell Banker agreed to immediately cease from charging Transaction Coordinator Fees or Document Compliance Fees. Additionally, Coldwell Banker agreed to reimburse all class members $200 in exchange for an executed claim form. More than 175,000 consumers have been provided with direct notice of the settlement. Claim forms may be submitted until November 8, 2006.

Emge & Associates specializes in consumer and employee class action litigation. Claims that may not justify the time and expense of litigation on an individual basis can often achieve maximum results when brought as a class action on behalf of others similarly situated. Over the past 5 years alone, Emge & Associates has successfully recovered tens of millions of dollars on behalf of consumers and employees through the class action procedure.

Contacts
Emge & Associates
Derek J. Emge, 1-866-629-3409
e-mail

May 12, 2006 05:15 PM US Western Timezone

American Golf Corp. Sued For Denying Required Meal Breaks and Rest Periods and Failing To Reimburse For Uniforms

SAN DIEGO—May 12, 2006--Employment attorneys at Emge & Associates and the Law Offices of David A. Huch filed a class action suit today against American Golf Corp. on behalf of all hourly, non-exempt employees for meal break and rest period violations and the failure to reimburse employees for the cost of uniforms.

In their class action complaint, hourly employees claim that they were denied state-mandated, uninterrupted meal breaks of at least 30 minutes for every period of work in excess of five straight hours. Employees also allege that they were denied ten-minute rest periods as provided by statute.

California Labor Code §512 provides that an employer may not employ an employee for a work period of more than five hours per day without providing the employee with an uninterrupted meal period of not less than 30 minutes, except that if the total work period per day is no more than six hours, the meal period may be waived by mutual consent. Further, an employer may not employ an employee for a work period of more than 10 hours per day without providing the employee with a second meal period of not less than 30 minutes.

In a third allegation, the complaint alleges that employees were required to purchase and maintain uniforms at their own expense. While many employers require their employees to wear uniforms during working hours, Labor Code § 2802 provides that an employer shall indemnify his or her employees for all necessary expenditures or losses incurred by the employees in direct consequence of the discharge of the employees’ duties, including the cost of purchasing and maintaining uniforms.

American Golf Corp. owns and runs 67 public golf courses in the state, employing hundreds of minimum and low wage employees. Plaintiff alleges a systematic process of violating California’s wage and hour laws for the financial benefit of American Golf Corp. Plaintiff’s complaint seeks an injunction, restitution and damages on behalf of all hourly, non-exempt employees of American Golf Corp. between May 10, 2002 and the present.

Contacts
Emge & Associates
Derek J. Emge, 1-866-629-3409
e-mail

or

Law Offices of David A. Huch
David A. Huch, 1-866-629-3409
e-mail

April 04, 2006 04:57 PM US Eastern Timezone

Southern California Class Action Attorneys David A. Huch and Derek J. Emge Settle Overtime Claims on Behalf of San Diego Padres Sales Employees

SAN DIEGO--(BUSINESS WIRE)--April 4, 2006--Southern California class action attorneys David A. Huch and Derek J. Emge recently settled overtime claims against the San Diego Padres Baseball Club on behalf of numerous sales employees.

In their class action complaint, the Padres' sales employees claimed that they were misclassified as exempt from California's overtime and meal break/rest period requirements, as well as other wage requirements under the California Labor Code. These sales employees, who worked significant overtime hours during the baseball season, were responsible for selling various ticket and entertainment packages, including group sales, season ticket sales, premium seating sales and luxury skybox sales.

Before the matter went to trial, the Padres re-classified these employment positions as non-exempt and settled all claims with current and former sales employees who worked during the applicable four-year statutory period under California law. The specific terms of the settlement are to remain confidential.

Under California law, all employees are presumed to be entitled to overtime pay unless the employee in question falls "plainly and unmistakably" within narrowly defined exemption categories. Sales employees in California are often misclassified by employers as exempt from overtime pay due to the employers' failure to comply with the exemption categories' strict requirements. Under California law, misclassified employees are entitled to four years of overtime compensation (at "time and a half" and "double time" rates) plus various other remedies, including attorneys' fees, litigation costs and interest at the rate of 10 percent per annum.

Contacts
Law Offices of David A. Huch
David A. Huch, 1-866-629-3409
e-mail.
or
Emge & Associates
Derek J. Emge, 1-866-629-3409
e-mail