Macopson v. Pacific Bell Telephone Company

SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES
Case No. 22STCV13800

You may be eligible to receive money from an employee class and representative action lawsuit (“Action”) against Pacific Bell Telephone Company (“Defendant”) for alleged wage and hour violations. The Action was filed by Joy Macopson (“Plaintiff”), an employee of Defendant, and seeks payment of (1) back wages, unreimbursed business expenses, penalties, and other relief on behalf of all individuals who are or were employed in California at any time during the Class Period (April 26, 2018 through and including March 21, 2024) by Defendant as hourly, non-exempt employees or by AT&T Services, Inc. in a technician position (“Class Members”); and (2) civil penalties under the California Labor Code Private Attorneys General Act (Labor Code §§ 2698, et seq.) (“PAGA”) on behalf of all Class Members who actually worked in California at any time during the PAGA Period (April 10, 2021 through and including March 21, 2024) (“Aggrieved Employees”).

Defendant and Plaintiff have entered into an Amended Class Action and PAGA Settlement Agreement (“Class Action and PAGA Settlement Agreement”).  The proposed Class Action and PAGA Settlement Agreement has two main parts: (1) a Class Settlement requiring Defendant to fund Individual Class Payments, and (2) a PAGA Settlement requiring Defendant to fund Individual PAGA Payments and pay penalties to the California Labor and Workforce Development Agency (“LWDA”).

The Court has already preliminarily approved the proposed Class Action and PAGA Settlement and approved the Notice. The Court has not yet decided whether to grant final approval.

If you worked in a covered position during the Class Period and/or the PAGA Period, you have two basic options under the Class Action and PAGA Settlement.

Option 1

Do Nothing. You don’t have to do anything to participate in the proposed Class Action and PAGA Settlement and be eligible for an Individual Class Payment and/or an Individual PAGA Payment.  If you previously accepted the offer made through Defendant’s Individual Settlement Program, you will remain bound by your release of claims through Defendant’s Individual Settlement Program. Class Members who do not submit a timely and valid Request for Exclusion (the “Participating Class Members”) will give up their right to assert any claims covered by the Class Action and PAGA Settlement, which claims are identified in Sections 3.9–3.10 of the Notice (“Released Claims”).

Option 2

Opt-Out of the Class Settlement. You can exclude yourself from the Class Settlement (opt-out) by submitting a written Request for Exclusion.  If you opt-out of the Settlement, you will not receive an Individual Class Payment. You will, however, preserve your right to personally pursue those Class Period wage claims identified in Section 3.9 of the Notice against Defendant (if you did not previously accept the offer made through Defendant’s Individual Settlement Program).  If you are an Aggrieved Employee, you will also remain eligible for an Individual PAGA Payment, as you cannot opt-out of the PAGA portion of the proposed Class Action and PAGA Settlement.

Defendant will not retaliate against you for any actions you take with respect to the proposed Class Action and PAGA Settlement.