An employee class action lawsuit (“Action”) against Arts and Sciences Department, LLC (“ASD”), Mal F. Ward and Marc Marrie for alleged wage and hour violations. The Action was filed by former ASD employees Jerred Halvorsen, Ben Zucker and Eddie Martinez (“Plaintiffs”) and seeks payment of (1) back wages and other relief for a class of employees (“Class Members”) who worked for ASD during the Class Period (April 14, 2018 to July 31, 2023); and (2) penalties under the California Private Attorney General Act (“PAGA”) for all employees who worked for ASD during the PAGA Period (October 5, 2021 to July 31, 2023) (“Aggrieved Employees”).
The proposed Settlement has two main parts: (1) a Class Settlement requiring Defendants to fund Individual Class Payments, and (2) a PAGA Settlement requiring Defendants 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 Settlement and approved the Notice. The Court has not yet decided whether to grant final approval. Your legal rights are affected whether you act or not act. Read the Notice carefully. You will be deemed to have carefully read and understood it. At the Final Approval Hearing, the Court will decide whether to finally approve the Settlement and how much of the Settlement will be paid to Plaintiffs and Plaintiffs’ attorneys (“Class Counsel”). The Court will also decide whether to enter a judgment that requires Defendants to make payments under the Settlement and requires Class Members and Aggrieved Employees to give up their rights to assert certain claims against Defendants.
Your Legal Rights and Options | |
You Don’t Have to Do Anything to Participate in the Settlement | If you do nothing, you will be a Participating Class Member, eligible for an Individual Class Payment and an Individual PAGA Payment (if any). In exchange, you will give up your right to assert the wage claims against Defendants that are covered by this Settlement (Released Claims). |
You Can Opt-out of the Class Settlement but not the PAGA Settlement The Opt-out Deadline is November 8, 2024 | If you don’t want to fully participate in the proposed Settlement, you can opt-out of the Class Settlement by sending the Administrator a written Request for Exclusion. Once excluded, you will be a Non-Participating Class Member and no longer eligible for an Individual Class Payment. Non-Participating Class Members cannot object to any portion of the proposed Settlement. See Section 6 of the Notice. You cannot opt-out of the PAGA portion of the proposed Settlement. Defendants must pay Individual PAGA Payments to all Aggrieved Employees and the Aggrieved Employees must give up their rights to pursue Released Claims (defined below). |
Participating Class Members Can Object to the Class Settlement but not the PAGA Settlement Written Objections Must be Submitted by November 8, 2024 | All Class Members who do not opt-out (“Participating Class Members”) can object to any aspect of the proposed Settlement. The Court’s decision whether to finally approve the Settlement will include a determination of how much will be paid to Class Counsel and Plaintiffs who pursued the Action on behalf of the Class. You are not personally responsible for any payments to Class Counsel or Plaintiffs, but every dollar paid to Class Counsel and Plaintiffs reduces the overall amount paid to Participating Class Members. You can object to the amounts requested by Class Counsel or Plaintiffs if you think they are unreasonable. See FAQ 7. |
You Can Participate in the December 6, 2024 Final Approval Hearing | The Court’s Final Approval Hearing is scheduled to take place on December 6, 2024. You don’t have to attend but you do have the right to appear (or hire an attorney to appear on your behalf at your own cost), in person, by telephone or by using the Court’s virtual appearance platform. Participating Class Members can verbally object to the Settlement at the Final Approval Hearing. See Section 8 of the Notice. |
If you have questions about the Settlement, you can contact Class Counsel or the Administrator using the contact information below.
Class Counsel | Settlement Administrator |
Alan Harris | Halvorsen v Arts and Sciences |