Home Depot USA, Inc. and S.P. Carpet Pros Settlement
The Arns Law Firm and co-counsel Shepherd, Finkelman, Miller & Shah, LLP filed a class action lawsuit in San Francisco Superior Court on November 22, 2005 on behalf of carpet installers who performed work on Home Depot carpet installations in California. The complaint claimed failure to reimburse these employees for expenses under Labor Code §2802 and for the unlawful deduction from their pay of monies to secure Workers’ Compensation benefits under Labor Code §3571, as well as violation of overtime pay provisions. Defendants Home Depot USA, Inc. and S.P. Carpet Pros, Inc., deny all allegations of wrongdoing. The case is Zamudio v. S.P. Carpet Pros, Home Depot USA, Inc. dba The Home Depot, et al., No. CGC-05-446984.
On June 23, 2010, the Court granted preliminary approval of a class action settlement of the action, and certified a Settlement class consisting of “all persons who, from November 22, 2001 to June 23, 2010, worked as carpet installers in California for or on behalf of S.P. Carpet Pros, Inc. on Home Depot USA, Inc. installations." The settlement provides for relief including payments for unpaid expenses. The time in which Class members may make claims expires on September 13, 2010.
Mega Construction Company Class Action
The Arns Law Firm filed a class action for unpaid overtime wages and expenses and statutory penalties on behalf of construction workers against Mega Construction Services, Inc.; Mega Partnership Company; Mega Concrete Company; Hadi Ziari Shalmani; Fidel Marquez Del Real; and Marcelino Marquez Del Real (“Defendants”). Plaintiffs’ action is based on Defendants’ failure to provide benefits, overtime pay, meal breaks, and reimbursement for expenses, all in violation of California law. The case is Casillas v. Mega Construction Services, Inc., et. al., Case No. FCS031397. On August 26, 2009, the Solano County Superior Court issued an Order Granting Plaintiffs’ Motion For Class Certification. The Court’s Order certified the following Class:
All construction employees of defendants Mega Construction Services, Inc.; Hadi Ziari Shalmani, Fidel Marquez Del Real & Marcelino Marquez Del Real Mega Partnership Company; Mega Concrete Inc.; Hadi Ziari Shalmani; Fidel Marquez Del Real; and Marcelino Marquez Del Real employed from May 4, 2004 to the present.
The Court in its Order certified the following claims for class determination:
- Whether Defendants failed to pay wages and overtime for the employees between arriving at the Fairfield yard and arriving on the construction site and for overtime at 1.5 times the regular rate of pay for hours worked in excess of 8 hours per day or 40 hours per week.
- Whether Defendants failed to pay expenses to reimburse plaintiffs for the plaintiffs’ cost of traveling between the Fairfield yard and the construction site
- Certain statutory penalties
Mega Construction Services, Inc. filed bankruptcy and the case against it was automatically stayed. The action continues as against all of the other defendants. |
