Plaintiffs are current and former employees of Defendant. The Action’s allegations include, but are not limited to, claims that Defendant violated California labor laws by failing to (1) pay for minimum wages for all hours worked; (2) pay overtime wages; (3) provide legally compliant meal periods, or compensation in lieu thereof; (4) provide legally compliant rest periods, or compensation in lieu thereof; (5) furnish written, accurate, itemized wage statements; (6) reimburse necessary business expenses; (7) provide wages when due; and (8) pay sick pay wages. Based on the same claims, Plaintiffs have also asserted claims for civil penalties under the California Private Attorneys General Act (Labor Code §§ 2698, et seq.) (“PAGA”) and California’s Unfair Competition Law (Business & Professions Code §§ 17200, et seq.). Plaintiffs are represented by the following attorneys in the Action (“Class Counsel”):
| BLUMENTHAL NORDREHAUG BHOWMIK DE BLOUW LLP Norman B. Blumenthal [email protected] Kyle R. Nordrehaug [email protected] 2255 Calle Clara La Jolla, CA 92037 Phone: (858) 551-1223 | BLANCHARD, KRASNER & FRENCH David C. Hawkes [email protected] 800 Silverado St., 2nd Floor La Jolla, CA 92037 Phone: (858) 551-2440 |
| LAW OFFICE OF DAVID A. HUCH David A. Huch [email protected] 12223 Highland Ave, Ste. 106-574 Rancho Cucamonga, CA 91739 Phone: (909) 463-6363 | MATCHA LAW Stephen Matcha [email protected] 13223 Black Mountain Rd., #233 San Diego, CA 92129 Phone: (619) 565-3865 |
Defendant strongly denies these claims and contends it complied with all applicable laws.
So far, the Court has made no determination whether Defendant or Plaintiffs are correct on the merits. In the meantime, Plaintiffs and Defendant hired an experienced, neutral mediator in an effort to resolve the Action by negotiating an end to the case by agreement (settle the case) rather than continuing the expensive and time-consuming process of litigation. The negotiations were successful. By signing a lengthy written settlement agreement (“Agreement”) and agreeing to jointly ask the Court to enter a judgment ending the Action and enforcing the Agreement, Plaintiffs and Defendant have negotiated a proposed Class Action and PAGA Settlement that is subject to the Court’s Final Approval. Both sides agree the proposed Class Action and PAGA Settlement is a compromise of disputed claims. By agreeing to settle, Defendant does not admit any violations or concede the merit of any claims.
Plaintiffs and Class Counsel strongly believe the Class Action and PAGA Settlement is a good deal for you because they believe that: (1) Defendant has agreed to pay a fair, reasonable and adequate amount considering the strength of the claims and the risks and uncertainties of continued litigation; and (2) Class Action and PAGA Settlement is in the best interests of the Class Members and Aggrieved Employees. The Court preliminarily approved the proposed Class Action and PAGA Settlement as fair, reasonable and adequate, authorized the Notice, and scheduled a hearing to determine Final Approval.
1.
Defendant has agreed to pay $1,837,500.00 (One million, eight hundred and thirty-seven thousand, five hundred dollars and zero cents), plus an additional amount estimated to be $78,750.00 (seventy-eight thousand seven hundred and fifty dollars and zero cents), as the Gross Settlement Amount (“Gross Settlement”), which it will deposit into an account controlled by the Administrator of the Class Action and PAGA Settlement. The Administrator will use the Gross Settlement to pay the Individual Class Payments, Individual PAGA Payments, Class Representative Service Payments, Class Counsel’s attorney’s fees and expenses, the Administrator’s expenses, and penalties to be paid to the California Labor and Workforce Development Agency (“LWDA”). Assuming the Court grants Final Approval, Defendant will fund the Gross Settlement not more than 23 days after the Court grants Final Approval and the Judgment is final. The Judgment will be final on the date the Court enters Judgment, or a later date if Participating Class Members object to the proposed Class Action and PAGA Settlement or the Judgment is appealed.
2.
Court Approved Deductions from Gross Settlement. At the Final Approval Hearing, Plaintiffs and/or Class Counsel will ask the Court to approve the following additional deductions from the Gross Settlement Amount, the amounts of which will be decided by the Court at the Final Approval Hearing:
A.
Up to $612,500.00 (Six hundred and twelve thousand, five hundred dollars and zero cents) (one-third of the Gross Settlement) to Class Counsel for attorneys’ fees and up to $50,000.00 (Fifty thousand dollars and zero cents) for their litigation expenses. To date, Class Counsel have worked and incurred expenses on the Action without payment.
B.
Up to $7,500 to each Plaintiff as a Class Representative Award for filing the Action, working with Class Counsel and representing the Class. A Class Representative Award will be the only monies Plaintiffs will receive other than Plaintiffs’ Individual Class Payment and any Individual PAGA Payment.
C.
Up to $35,000 to the Administrator for services administering the Class Action and PAGA Settlement.
D.
Up to $100,000 for PAGA Penalties, allocated 75% ($75,000) to the LWDA PAGA Payment and 25% ($25,000) in Individual PAGA Payments to the Aggrieved Employees based on their PAGA Period Pay Periods.
Participating Class Members have the right to object to any of these deductions. The Court will consider all objections.
3.
Net Settlement Distributed to Class Members. After making the above deductions from the Gross Settlement Amount in amounts approved by the Court, the Administrator will distribute the rest of the Gross Settlement (the “Net Settlement”) by making Individual Class Payments to Participating Class Members based on their eligible Class Period Workweeks and PAGA Period Pay Periods.
4.
Taxes Owed on Payments to Class Members. Plaintiffs and Defendant are asking the Court to approve an allocation of 20% of each Individual Class Payment to taxable wages (“Wage Portion”) and 80% to interest and penalties (“Non-Wage Portion”). The Wage Portion is subject to withholdings and will be reported on IRS W-2 Forms. Defendant will separately pay employer payroll taxes it owes on the Wage Portion.
The Individual PAGA Payments are counted as penalties rather than wages for tax purposes. The Administrator will report the Individual PAGA Payments and the Non-Wage Portions of the Individual Class Payments on IRS 1099 Forms.
Although Plaintiffs and Defendant have agreed to these allocations, neither side is giving you any advice on whether your Payments are taxable or how much you might owe in taxes. You are responsible for paying all taxes (including penalties and interest on back taxes) on any Payments received from the proposed Class Action and PAGA Settlement. You should consult a tax advisor if you have any questions about the tax consequences of the proposed Class Action and PAGA Settlement.
5.
Need to Promptly Cash Payment Checks. The front of every check issued for Individual Class Payments and Individual PAGA Payments will show the date when the check expires (the void date). If you don’t cash it by the void date, your check will be automatically cancelled, and the monies will be deposited with the California Controller’s Unclaimed Property Fund in your name.
If the money represented by your check is sent to the Controller’s Unclaimed Property, you should consult the rules of the Fund for instructions on how to retrieve your money.
6.
Requests for Exclusion from the Class Settlement (Opt-Outs). You will be treated as a Participating Class Member, participating fully in the Class Settlement, unless you notify the Administrator in writing, not later than MARCH 6, 2026, that you wish to opt-out. The easiest way to notify the Administrator is to send a written and signed Request for Exclusion by the MARCH 6, 2026 Response Deadline. The Request for Exclusion should be a letter from a Class Member setting forth a Class Member’s name, present address, telephone number, and a simple statement electing to be excluded from the Class Settlement portion of the Class Action and PAGA Settlement. Excluded Class Members (i.e., Non-Participating Class Members) will not receive Individual Class Payments, but will preserve their rights to personally pursue those Class Period claims identified in Section 3.9 of the Notice against Defendant.
You cannot opt-out of the PAGA portion of the Class Action and PAGA Settlement. Class Members who exclude themselves from the Class Settlement (Non-Participating Class Members) remain eligible for Individual PAGA Payments and are required to give up their right (if any) to assert PAGA claims against Defendant based on the PAGA Period facts alleged in the Action.
7.
The Proposed Settlement Will be Void if the Court Denies Final Approval. It is possible the Court will decline to grant Final Approval of the Class Action and PAGA Settlement or decline to enter a Judgment. It is also possible the Court will enter a Judgment that is reversed on appeal. Plaintiffs and Defendant have agreed that, in either case, the Class Action and PAGA Settlement will be void: Defendant will not pay any additional money and Class Members will not release any claims against Defendant.
8.
Administrator. The Court has appointed a neutral company Atticus Administration (the “Administrator”) to send the Notice, calculate and make payments, and process Class Members’ Requests for Exclusion. The Administrator will also decide Class Member Challenges over Workweeks and Pay Periods; mail and re-mail Settlement checks and tax forms; and perform other tasks necessary to administer the Class Action and PAGA Settlement. The Administrator’s contact information is contained in Section 9 of the Notice.
9.
Participating Class Members’ Release. After Defendant has fully funded the Gross Settlement (including by paying any employer payroll taxes as allocated in Section 3.4 above) and Judgment is final, Participating Class Members will be legally barred from asserting any of the claims released under the Class Action and PAGA Settlement. This means that unless you opted out by validly excluding yourself from the Class Settlement, you cannot sue, continue to sue, or be part of any other lawsuit against Defendant and any of Defendant’s present and former parents, subsidiaries, successors, and affiliated companies or entities, and their respective directors, employees, officers, partners, shareholders, owners, agents, attorneys, insurers, and assigns (collectively, “Released Parties”) for the claims covered by the following release:
All Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, release Released Parties of any and all claims that occurred during the Class Period that (1) were alleged, or that reasonably could have been alleged based on the facts asserted, in the Operative Complaint and/or PAGA Notices, and/or (2) ascertained in the course of the Action, for the duration of the Class Period; including claims occurred during the Class Period for statutory, constitutional, contractual or common law claims for wages, damages, unpaid costs or expenses, penalties, liquidated damages, punitive damages, interest, attorneys’ fees, litigation costs, restitution, or equitable relief for violations of the California Labor Code, California Industrial Welfare Commission Wage Orders, California Business and Professions Code § 17200, et seq., and all applicable local and municipal laws for the following categories of allegations, to the fullest extent such claims are releasable by law: (a) all claims for failure to pay wages, including overtime premium pay and the minimum wage; (b) all claims for the failure to provide meal and/or rest periods in accordance with applicable law, including payments equivalent to one hour of the employee’s regular rate of pay for missed meal and/or rest periods and alleged non-payment of wages for meal periods worked and not taken; (c) all claims for alleged violations of California’s Paid Sick Leave and Kin Care laws, including any claims Defendant improperly calculates the rate of pay for paid sick leave; (d) all claims for the alleged omission of any kind of remuneration when calculating, and/or the miscalculation of, an employee’s regular rate of pay; (e) all claims for the alleged failure to indemnify and/or reimburse employees for any business expenses; (f) all claims for the alleged failure to pay vested vacation upon termination of employment; and (g) any and all claims for recordkeeping or pay stub violations, claims for timely payment of wages and associated penalties, and all other civil and statutory penalties. The Class Members understand and agree that this release includes a good-faith compromise of disputed wage claims.
10.
Aggrieved Employees’ PAGA Release. After Defendant has fully funded the Gross Settlement (including by paying any employer payroll taxes as allocated in Section 3.4 above) and Judgment is final, the State of California—and, by extension, all Aggrieved Employees, whether or not they exclude themselves from the Class Action and PAGA Settlement—will be barred from asserting PAGA claims against Defendant. This means that all Aggrieved Employees, including those who are Participating Class Members and those who opt-out of the Class Settlement, cannot sue, continue to sue, or participate in any other PAGA claim against Defendant, or any other Released Parties (as defined above) based on the PAGA Period facts alleged in the Action and resolved by this Class Action and PAGA Settlement.
The Aggrieved Employees’ Releases for Participating and Non-Participating Class Members are as follows:
In consideration of the PAGA Settlement Amount, Plaintiffs Gilbert, Marquina, and Louka—on behalf of the State of California, the LWDA, and the Aggrieved Employees—release and discharge the Released Parties of any and all claims for civil penalties that (1) were alleged, or that reasonably could have been alleged based on the facts asserted, in the Operative Complaint and/or PAGA Notices, and/or (2) ascertained in the course of the Action, for the duration of the PAGA Period.
All Participating and Non-Participating Class Members are therefore deemed to release, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, the Released Parties, from all claims for civil penalties that (1) were alleged, or that reasonably could have been alleged based on the facts asserted, in the Operative Complaint and/or PAGA Notices, and/or (2) ascertained in the course of the Action, for the duration of the PAGA Period.
1.
Individual Class Payments. The Administrator will calculate Individual Class Payments by (a) dividing the Net Settlement Amount by the total number of Workweeks worked by all Participating Class Members during the Class Period and (b) multiplying the result by each Participating Class Member’s Workweeks.
2.
Individual PAGA Payments. The Administrator will calculate Individual PAGA Payments by (a) dividing the amount of the Aggrieved Employees’ 25% share of PAGA Penalties ($25,000) by the total number of PAGA Pay Periods worked by all Aggrieved Employees during the PAGA Period, and (b) multiplying the result by each Aggrieved Employee’s PAGA Pay Periods.
3.
Workweek/Pay Period Challenges. The number of Class Workweeks you worked during the Class Period and the number of PAGA Pay Periods you worked during the PAGA Period, as recorded in Defendant’s records, are stated in the first page of the Notice. You have until MARCH 6, 2026 to challenge the number of Workweeks and/or Pay Periods credited to you. You can submit your challenge by signing and sending a letter to the Administrator via mail, email or fax. Section 9 of the Notice has the Administrator’s contact information.
You need to support your challenge by sending copies of pay stubs or other records. The Administrator will accept Defendant’s calculation of Workweeks and/or Pay Periods based on Defendant’s records as accurate unless you send copies of records containing contrary information. You should send copies rather than originals because the documents will not be returned to you. The Administrator will resolve Workweek and/or Pay Period challenges based on your submission and on input from Class Counsel (who will advocate on behalf of Participating Class Members) and Defendant’s Counsel. The Administrator’s decision is final. You can’t appeal or otherwise challenge its final decision.
1.
Participating Class Members. The Administrator will send, by U.S. mail, a single check to every Participating Class Member (i.e., every Class Member who doesn’t opt-out) including those who also qualify as Aggrieved Employees. The single check will combine the Individual Class Payment and the Individual PAGA Payment.
2.
Non-Participating Class Members. The Administrator will send, by U.S. mail, a single Individual PAGA Payment check to every Aggrieved Employee who opts out of the Class Settlement (i.e., every Non-Participating Class Member).
Your check will be sent to the same address as the Notice. If you change your address, be sure to notify the Administrator as soon as possible. Section 9 of the Notice has the Administrator’s contact information.
Submit a written and signed letter with your name, present address, telephone number, and a simple statement that you do not want to participate in the Class Settlement portion of the Class Action and PAGA Settlement. The Administrator will exclude you based on any writing communicating your request to be excluded. Be sure to personally sign your request, identify the Action as Jalen Gilbert et al. v. AT&T Mobility Services LLC, and include your identifying information (full name, address, telephone number, approximate dates of employment, and social security number for verification purposes). You must make the request yourself. If someone else makes the request for you, it will not be valid. The Administrator must be sent your request to be excluded by MARCH 6, 2026, or it will be invalid. Section 9 of the Notice has the Administrator’s contact information.
Only Participating Class Members have the right to object to the Class Action and PAGA Settlement. Before deciding whether to object, you may wish to see what Plaintiffs and Defendant are asking the Court to approve. At least 16 court days before the Final Approval Hearing, Class Counsel and/or Plaintiffs will file in Court (1) a Motion for Final Approval that includes, among other things, the reasons why the proposed Class Action and PAGA Settlement is fair, and (2) a Motion for Fees, Litigation Expenses and Service Award stating (i) the amount Class Counsel is requesting for attorneys’ fees and litigation expenses; and (ii) the amount Plaintiffs are requesting as Class Representative Service Awards. Upon reasonable request, Class Counsel (whose contact information is in Section 9 of the Notice) will send you copies of these documents at no cost to you. You can also view them on the Administrator’s Website HERE or the Court’s website https://www.lacourt.org/.
A Participating Class Member who disagrees with any aspect of the Agreement, the Motion for Final Approval and/or Motion for Fees, Litigation Expenses and Service Award may wish to object, for example, that the proposed Class Action and PAGA Settlement is unfair, or that the amounts requested by Class Counsel or Plaintiffs are too high or too low. The deadline for sending written objections to the Administrator is MARCH 6, 2026. Be sure to tell the Administrator what you object to, why you object, and any facts that support your objection. Make sure you identify the Action as Jalen Gilbert et al. v. AT&T Mobility Services LLC, and include your name, current address, telephone number, and approximate dates of employment with Defendant and sign the objection. Section 9 of the Notice has the Administrator’s contact information.
Alternatively, a Participating Class Member can object (or personally retain a lawyer to object at your own cost) by attending the Final Approval Hearing. You (or your attorney) should be ready to tell the Court what you object to, why you object, and any facts that support your objection. See Section 8 of the Notice (immediately below) for specifics regarding the Final Approval Hearing.
You can, but don’t have to, attend the Final Approval Hearing on March 23, 2026 at 10:00 a.m. in Department 15 of the Los Angeles Superior Court, located at 312 North Spring Street, Los Angeles, CA 90012. At the Hearing, the judge will decide whether to grant Final Approval of the Class Action and PAGA Settlement and how much of the Gross Settlement will be paid to Class Counsel, Plaintiffs, and the Administrator. The Court will invite comment from objectors, Class Counsel and Defense Counsel before making a decision. You can attend (or hire a lawyer to attend) either personally or virtually via LACourtConnect. Check the Court’s website for the most current information.
It’s possible the Court will reschedule the Final Approval Hearing. You should check the Administrator’s website HERE beforehand or contact Class Counsel to verify the date and time of the Final Approval Hearing.
The Agreement sets forth everything Defendant and Plaintiffs have promised to do under the proposed Class Action and PAGA Settlement. The easiest way to read the Agreement, the Judgment or any other Class Action and PAGA Settlement documents is to go to the Administrator’s website HERE where these documents will be posted as they become available. You can also telephone or send an email to Class Counsel or the Administrator using the contact information listed below, or consult the Superior Court website by going HERE and entering the Case Number for the Action, Case No. 23STCV24512. You can also make an appointment to personally review court documents in the Clerk’s Office at the Spring Street Courthouse by calling (213) 310-7000.
DO NOT TELEPHONE THE SUPERIOR COURT TO OBTAIN INFORMATION ABOUT THE SETTLEMENT.
Class Counsel:
BLUMENTHAL NORDREHAUG BHOWMIK DE BLOUW LLP
Norman B. Blumenthal
[email protected]
Kyle R. Nodrehaug
[email protected]
2255 Calle Clara
La Jolla, CA 92037
Phone: (858) 551-1223
BLANCHARD, KRASNER & FRENCH
David C. Hawkes
[email protected]
800 Silverado St., 2nd Floor
La Jolla, CA 92037
Phone: (858) 551-2440
LAW OFFICE OF DAVID A. HUCH
David A. Huch
[email protected]
12223 Highland Ave, Ste. 106-574
Rancho Cucamonga, CA 91739
Phone: (909) 463-6363
MATCHA LAW
Stephen Matcha
[email protected]
13223 Black Mountain Rd., #233
San Diego, CA 92129
Phone: (619) 565-3865
Settlement Administrator:
ATTICUS ADMINISTRATION
P.O. Box 64053
Saint Paul, MN 55164
Phone: 1-800-738-0029
Fax: 1-888-326-6411
E-Mail: [email protected]
Settlement Website: www.GilbertATTSettlement.com
If you lose or misplace your Settlement check before cashing it, the Administrator will replace it as long as you request a replacement before the void date on the face of the original check. If your check is already void, you should consult the California Controller’s Unclaimed Property Fund HERE for instructions on how to retrieve the funds.
To receive your check, you should immediately notify the Administrator if you move or otherwise change your mailing address.