Thursday, May 9, 2013

About This Case: Cuevas v. AAA Gold Exchange


This blog is for informational purposes about a pending California class action lawsuit and how you can participate if you are an interested member of the class.

The case is entitled Cuevas v. AAA Gold Exchange Orange County Superior Court Case No. 30-2013-00641214-CU-OE-CXC.

In or about April 2, 2013 Plaintiff, Jasmine Cuevas, filed a class action complaint pursuant to California Code of Civil Procedure section 382, on behalf of Plaintiff and all non-exempt employees employed by, or formerly employed by, AAA GOLD EXCHANGE, an unknown business entity (collectively “Defendants”), within the State of California.

For at least four years prior to the filing of this action and through to the present, Defendants consistently maintained and enforced against Defendants’ non-exempt employees, among others, the following unlawful practices and policies, in violation of California state wage and hour laws.

Specifically, the Complaint alleged Defendant has had a consistent policy of:

(a) requiring employees to work more than eight (8) hours in any given day and/or more than forty (40) hours in any given week, and not pay overtime compensation;

(b) requiring Class Members within the State of California, including Plaintiff, to work at least five (5) hours without a lawful meal period or adding a meal period punch where none existed and failing to pay such employees one (1) hour of pay at the employees’ regular rate of compensation for each workday that the meal period is not provided;

(c) failing to provide Class Members within the State of California, including Plaintiff, rest periods of at least (10) minutes per four (4) hours worked or major fraction thereof and failing to pay such employees one (1) hour of pay at the employees regular rate of compensation for each workday that the rest period is not provided

(d) With respect to Class Members who either were discharged, laid off, or resigned, Defendants failed to pay them in accordance with the requirements of Labor Code sections 201, 202, 203; and

(e) Defendants failed to maintain accurate records of Class Members’ earned wages and work periods.

(f) failing to pay wages which are due and payable twice in each calendar month

(g) failed to reimburse employees for all necessary business expenditures such as use of their laptop computers and other required work related expenses


This blog is for informational purposes about the class action lawsuit and how you can participate if interested.

We are looking for other employees who experienced similar mistreatment or former employees or former managers who have information regarding this conduct. If you would like a copy of the Complaint or have any questions regarding this case please contact:

Richard E. Quintilone II, Esq.
Quintilone & Associates
22974 El Toro Road, Suite 100
Lake Forest, CA 92630-4961
Telephone: 949.458.9675
Facsimile: 949.458.9679
Email: Req@Quintlaw.Com  
Hannah L. Thrane
Legal Assistant
Email: HLT@Quintlaw.com  
Web: www.quintlaw.com

John D. Trieu
Law Offices of John D. Trieu, APC
9211 Bolsa Ave., Suite 222
Westminster, CA 92683
Telephone No: 714.892.2154
Facsimile No: 714.893.6710
Email: John@Trieulaw.com
Web: www.trieulaw.com

PLEASE BE ADVISED THAT SEGA ASSOCIATES AND ALL CALIFORNIA EMPLOYERS ARE STRICTLY PROHIBITED FROM RETALIATING AGAINST EMPLOYEES FOR PARTICIPATING IN OUR INVESTIGATION.

If you feel that you or other workers have been subjected to retaliation or intimidation, please contact us or the California Department of Industrial Relations, Division of Labor Standards Enforcement immediately. See http://www.dir.ca.gov/dlse/

Please contact us at the phone number or email address above so we may continue our investigation of the allegations in this case.

 

1 comment:

  1. Weekly Report – 07/21/2014 - Get your claim forms in

    MAILING Notices Returned:9
    Forwarded Notices:1
    Notices Traced:8
    Requested Notices:0
    Notices Returned 2nd Time:0
    Notices Re-mailed:7 (Includes Forwarded & Requested)
    Undeliverable Notices: 2

    RESPONSES
    Responses Received: 25
    Deficient Claims:0
    Opt-Outs:0
    Late Claims:0
    Disputes:0
    Valid Claims:25 (Includes Deficient, Disputes & Late)
    Invalid:0

    CLASS
    Case Name: Jasmine Cuevas v. AAA Gold Exchange
    Class Size:63
    Class Period: 4/2/2009- 6/6/2014
    Claim Deadline: July 23, 2014
    Opt-Out Deadline: July 23, 2014
    Final Approval Hearing: October 20, 2014
    Total Class:63
    Total Amount Allocated to Class:$118,339.95
    Total Valid Claims:25
    Total Amount Claimed:$54,928.86
    % of Valid Claims :39.68%
    % of Net Settlement Fund Claimed:46.42%

    ReplyDelete