Stoddart vs express services inc settlement

Express Services Inc. has agreed to a settlement worth $10 million to resolve claims it failed to correctly pay its employees.

All current and former California employees of Express Services Inc. and Phillips & Associates Inc. who worked assignments between March 23, 2008, and Dec. 31, 2017, may benefit from this settlement.

Western Wine Services Inc. is also a named defendant; however, employees directly hired by Western Wine Services are not eligible to take part in this settlement.

The plaintiff in the Express Services unpaid wages class action lawsuit alleged the defendants failed to correctly pay overtime wages, failed to either provide first and second meal periods or provide premium pay in lieu of meal periods, failed to provide employees with accurate itemized wage statements, and failed to pay all wages due when employment was terminated.

In addition, the plaintiffs accused Express Services of violating the California Unfair Business Practices Act and Private Attorneys General Act of 2004.

Express Services Inc., or Express Employment Professionals, provides staffing in the U.S., Canada, Australia, New Zealand, and South Africa. The company employs more than 552,000 people at over 825 locations.

After litigation costs and other expenses, the Net Settlement Class Fund is estimated at $7,017,434

Class Members will receive a proportional award based on the number of weeks they worked for the defendants in California between March 23, 2008, and Dec. 31, 2017.

There are three groups of Class Members in this settlement:

• Wage Statement Subclass: This Subclass will receive a proportionate share of $1,751,233.50 (25 percent of the Net Settlement Class Fund) based on the number of workweeks they worked at an assignment during the Class Period.
• PAGA Group: This group will receive a proportionate share of a $12,500 Private Attorneys General Act of 2004 award based on the number of pay periods they worked an assignment during that same period.
• All Class Members will receive a proportionate share of $5,253,700.50, or 75 percent of the Net Settlement Class Fund, based on how many workweeks they worked an assignment during the Class Period.

Class Members have options when it comes to their participation in the Express Services settlement.

Those wishing to participate in the settlement do not need to do anything. 

Anyone who wishes to opt out of the settlement must submit a written request to be excluded or return a Request for Exclusion form, signed and postmarked by Feb. 22, 2021. The form was included with the settlement notices that were sent out.

Those who wish to object to the settlement must submit a written objection to the court clerk and settlement administrator. The objection must be postmarked no later than Feb. 22, 2021.

The defendants maintain they have treated their employees fairly and deny any allegations of wrongdoing. Their agreement to the settlement does not imply an admission of guilt on their part or indicate laws were violated.

No claim form is needed in order to benefit from the Express Services overtime wages settlement.

The final approval hearing is scheduled for May 7, 2021. The deadline to opt out or dispute the settlement is Feb. 22, 2021.