Under the proposed Settlement, which the Court preliminarily approved on March 13, 2020, LACMTA will make certain changes to its policies and practic-es in exchange for the Settlement Class releasing claims against LACMTA. Specifically, Defendant has agreed to take the following affirmative steps:
• LACMTA shall in writing clarify that an Operator Schedule Deviation Form (also known as an Overtime Slip) must be submitted for any work performed outside of an Operator’s scheduled shift; and,
• LACMTA shall in writing clarify that travel time includes all preparatory time to perform tasks completed by an Operator prior to departure.
If the Court approves the proposed settlement, members of the Settlement Class will release all legal claims against LACMTA and any affiliated individuals and entities as defined by the Settlement Agreement (“Released Parties”) that accrued at any time between July 15, 2010 and March 13, 2020 that were asserted in the lawsuit and/or based upon the same facts and allegations raised by Plaintiffs in the Lawsuit. Specifically, the Settlement Agreement provides:
In consideration of the mutual promises and covenants set forth or referred to in this Agreement, the Named Plaintiff, and each and every Class Member that did not file a timely Request for Exclusion, upon the Effective Date, shall be deemed to have fully, finally and forever released, settled, compromised, relinquished and discharged any and all of the Released Parties of and from any and all of the Released Claims that have arisen or might have arisen at any time up to and including the Effective Date.
. . .
“Released Claims” shall mean the claims released by Named Plaintiff and each Class Member who does not timely opt out of the Settlement, on behalf of themselves, their heirs, spouses, executors, administrators, attorneys, agents, and assigns, which are all applicable wage and hour claims, rights, demands, liabilities, penalties, fines, debts and causes of action of every nature and description arising from or related to the claims asserted in the Action or that could have been asserted in the Plaintiffs’ Fourth Amended Complaint based on the facts and circumstances alleged therein, including claims based on California Labor Code sections 1194, 1194.2, 1197, 1197.1, 1198, or any related damages, penalties, restitution, disgorgement, interest or attorneys’ fees.
Moreover, pursuant to a stipulation and order signed by the Court on March 13, 2020: (1) there shall be no waiver of rights and benefits under California Civil Code § 1542; (2) there shall be no release of unknown claims; (3) there shall be no release of claims under the Private Attorneys’ General Act, Labor Code § 2698, et seq. (“PAGA”), be-cause there are no such claims to release given that they have been dismissed with prejudice; and (4) former Operators are a subclass and shall not release any damages claims.
On March 13, 2020, the Court granted preliminary approval of the proposed settlement. After considering the comments and/or objections from Class Members, the Court will next decide whether to: (1) grant final approval of the settlement; (2) grant Class Counsel’s application for fees and costs; and (3) award a service award to the Class Representative. A hearing will be held on September 11, 2020 at 11:00 a.m. in Department 10 of the California Superior Court, County of Los Angeles, 312 North Spring Street, Los Angeles, California 90012.
You may, but are not required to, attend the final approval hearing.
For obtaining copies of key documents or help with accessing the website:
LACMTA Settlement Administrator
c/o CPT Group, Inc.
50 Corporate Park
Irvine, CA 92606
Toll-free number: 1-888-416-1710
www.cptgroup.com/FlowersvMetroSettlement
For questions pertaining to the Lawsuit and your legal rights and options pertaining to the Lawsuit:
The Tidrick Law Firm LLP -- Attorneys for the Class (“Class Counsel”)
Steven G. Tidrick, Esq.
Joel B. Young, Esq.
1300 Clay Street, Suite 600
Oakland, CA 94612
(510) 788-5100