Star Chambers Wage and Hour Cases

FREQUENTLY ASKED QUESTIONS

  1. What is this case about?
  2. Who received a Notice?
  3. What is the position of the Defendant?
  4. What is the position of Class Counsel?
  5. How do I know if I am a Class Member?
  6. What does the settlement provide?
  7. What am I giving up by joining the settlement?
  8. Do I have a lawyer in this settlement?
  9. How do I participate in the settlement?
  10. What if I disagree with the work weeks listed on my Claim Form?
  11. How do I exclude myself from the settlement?
  12. How do I object to the terms of the settlement?
  13. When is the Final Approval Hearing?
  14. Must I attend the Final Approval hearing?
  15. How do I get more information on the case?
  16. What if I move?
  17. Has the settlement been approved?
  18. When will I receive my settlement payment?



  1. What is this case about?

    These cases are called the Star Chambers Wage and Hour Cases (Judicial Council Coordination Proceeding No. 4755) (the "Coordinated Action"). The Coordinated Action joins two cases, Cameron v. Star Chambers Enterprises, LLC, et al. (Los Angeles County Superior Court, Case No. BC488537) (the "Cameron Action") and Percival v. Star Chambers Enterprises, LLC, et al. (San Diego County Superior Court, Case No. 37-2013-00048418-CU-OE-CTL) (the "Percival Action") brought on behalf of all Engagement Specialists employed the Promo Works Entities and who worked a shift between July 17, 2008 and December 31, 2013. These individuals are referred to as "Class Members."

     

    Plaintiffs contend that under California law, Class Members may be owed compensation for certain violations of the California Labor Code, the Wage Orders of the Industrial Welfare Commission, and the California Business and Professions Code, including:

     

    1. Failure to Pay Minimum Wage, Violation of Cal. Labor Code §§ 1194, 1194.2, 1197;

     

    2. Failure to Pay Overtime Wages, Violations of Cal. Labor Code §§ 510, 1194 et seq., 1198;

     

    3. Failure to Make Payment Within the Required Time, Violations of Cal. Labor Code §§ 201-203, 226;

     

    4. Failure to Indemnify Employees for Expenditures, Violations of Cal. Labor Code § 2802;

     

    5. Unlawfully employing an employee under conditions prohibited by a wage order, Violations of Cal. Labor Code § 1198; and

     

    6. Unfair Competition, Violations of Cal. Bus. & Prof. Code § 17200 et seq.

    

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  2. Who received a Notice?

    All Engagement Specialists employed by Promo Works LLC, Star Chambers Enterprises, LLC, and 5 Star Demo Services (collectively, the “Promo Works Entities”) and who worked a shift between July 17, 2008 and December 31, 2013.

    

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  3. What is the position of the Defendant?

    Defendants deny all liability for these claims and contend that their employment practices have complied with applicable state laws at all times. Defendants have asserted a number of factual and legal defenses to Plaintiffs’ claims. Nonetheless, without admitting any liability and in the interest of resolving this dispute, Defendants have agreed to the settlement. 

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  4. What is the position of Class Counsel?

    Plaintiffs contend that under California law, Class Members may be owed compensation for certain violations of the California Labor Code, the Wage Orders of the Industrial Welfare Commission, and the California Business and Professions Code, including:

     

    1. Failure to Pay Minimum Wage, Violation of Cal. Labor Code §§ 1194, 1194.2, 1197;

     

    2. Failure to Pay Overtime Wages, Violations of Cal. Labor Code §§ 510, 1194 et seq., 1198;

     

    3. Failure to Make Payment Within the Required Time, Violations of Cal. Labor Code §§ 201-203, 226;

     

    4. Failure to Indemnify Employees for Expenditures, Violations of Cal. Labor Code § 2802;

     

    5. Unlawfully employing an employee under conditions prohibited by a wage order, Violations of Cal. Labor Code § 1198; and

     

    6. Unfair Competition, Violations of Cal. Bus. & Prof. Code § 17200 et seq.

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  5. How do I know if I am a Class Member?

    A Class Member is defined as: All Engagement Specialists employed by Promo Works LLC, Star Chambers Enterprises, LLC, and 5 Star Demo Services (collectively, the “Promo Works Entities”) and who worked a shift between July 17, 2008 and December 31, 2013.

    

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  6. What does the settlement provide?

    Under the terms of the settlement, Defendants have agreed to fund a gross settlement amount of $1,100,000.00. Class Members who do not ask to be excluded from the Settlement will receive payment. Class Counsel will ask the Court to approve payment from the settlement fund of their attorney fees equal to 1/3 of the settlement ($366,666.66) and their actual litigation costs up to $25,000.00. Class Counsel will also ask the Court to approve an enhancement payment of $25,000.00 to Plaintiff Rosemary Cameron and of $15,000.00 to Plaintiff Lisa Percival for their efforts and initiative in bringing these actions to obtain recovery for the Class, their participation in litigation and discovery, and for releasing any additional individual claims that they may have. After payment of attorneys’ fees, costs, any enhancement payments awarded to the Class Representatives, payment to the LWDA, and the costs of administering the settlement, all remaining funds will be distributed to those persons who submit timely and valid claims. The amount of money that you will be paid is based on the number of shifts you worked at the Promo Works Entities between July 17, 2008 and December 31, 2013. 

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  7. What am I giving up by joining the settlement?

    At the end of the case, if the Court grants final approval of the settlement, all Class Members who do not opt-out of the settlement will give up all rights to sue Defendants for the claims covered by the following release:

     

    “Upon the final approval by the Court of this Settlement Agreement and payment of amounts set forth herein, and except as to such rights or claims as may be created by this Settlement Agreement, each and every Settlement Class Member, on behalf of themselves and their heirs and assigns, unless he or she has properly elected to opt out of the class, hereby releases the Released Parties from the following “Released Claims”: (1) any claims, damages, or causes of action alleged in the Complaint and/or the First Amended Complaint in this Action, whether known or unknown, as well as (2) those that arise from the same factual predicate for the positions covered in the Cameron Complaint, the Percival Complaint, and the Coordinated Action, whether known or unknown. The Released Claims include claims for: failure to pay wages (including minimum wages, straight time wages, and overtime wages); failure to timely pay wages during employment and upon termination; failure to provide meal and rest periods and/or pay meal and rest period premiums; failure to indemnify and/or reimburse business expenses; failure to provide accurate itemized wage statements; recordkeeping violations; failure to provide suitable seating; unfair and unlawful business practices; unfair competition; penalties under the Private Attorney General Act (“PAGA”) – California Labor Code §§ 2699 et seq.; violation of Section 14 of Wage Order 7-2001; violation of California Business and Professions Code §§ 17200 et seq.; and violation of California Labor Code §§ 201-204, 226, 226.7, 510, 1194, 1194.2, 1197, 1198, 2800, and 2802. The Settlement Class Members may hereafter discover facts in addition to or different from those which they now know or believe to be true with respect to the subject matter of the Released Claims, but they stipulate and agree that the Settlement Class Members, upon Final Approval, fully, finally, and forever settle and release any and all Released Claims, known or unknown, suspected or unsuspected, contingent or non-contingent, whether or not concealed or hidden, which now exist, or heretofore have existed upon any theory of law or equity and without regard to the subsequent discovery or existence of such different or additional facts. The Released Claims shall include all the above claims from the period beginning July 17, 2008 through December 31, 2013.”

     

    Class Members will be deemed by operation of the order granting Final Approval to have agreed not to sue or otherwise make a claim against any of the released parties for any Released Claims. With respect to any and all Released Claims enumerated above, Class Members agree that, upon the Effective Date of the settlement, they shall and have, by operation of the Judgment, waived and relinquished, to the fullest extent permitted by law, the provisions, rights, and benefits of section 1542 of the California Civil Code, which provides:

    A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

    

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  8. Do I have a lawyer in this settlement?

    In its Preliminary Approval Order, the Court appointed the following attorneys as Class Counsel to represent the Class in this Action:

     

    RIGHETTI GLUGOSKI, P.C.

    Matthew Righetti

    John Glugoski

    Michael Righetti

    456 Montgomery Street, Suite 1400

    San Francisco, CA 94104

    Telephone: (415) 983-0900

    Facsimile: (415) 397-9005

    

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  9. How do I participate in the settlement?

    Submit a Claim Form: This is the only way for you to obtain money from the settlement. The amount of money you receive will depend on your total Eligible Shifts worked in California during the Class Period as compared to all Eligible Shifts worked by all Class Members during the Class Period, and the number of Class Members who make a claim.  You can file your claim electronically on this website by October 13, 2015. Alternatively, you may fill out the enclosed Claim Form and send the completed Claim Form to the Claims Administrator so that it is postmarked no later than October 13, 2015 to this address:

     

    Star Chambers Wage and Hour Cases Administrator

    c/o Gilardi & Co. LLC

    P.O. Box 1110

    Corte Madera, CA 94976-1110

    

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  10. What if I disagree with the work weeks listed on my Claim Form?

    If you disagree with the total number of eligible shifts listed on your Claim Form, please indicate the start date, end date, and eligible shifts that you claim to have worked an event (i.e., product demonstration) as an Engagement Specialist employed by the Promo Works Defendants at any time between July 17, 2008 and December 31, 2013. Please include copies (not originals) of any supporting documents (pay stubs, etc. that you have. The Claims Administrator may contact you for further information.

    

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  11. How do I exclude myself from the settlement?

    If you do not want to remain a Class Member, you can request exclusion from the Class (i.e., opt-out). You can opt-out of the Class by mailing a written request for exclusion to the Claims Administrator. It must be postmarked no later than October 13, 2015. This request for exclusion must contain the following information: (a) your printed full name (and any other names used while employed by Defendants); (b) your full address; (c) your telephone number; (d) the last four digits of your Social Security Number; and (e) the following language that states the following: “I wish to opt-out of the settlement of the lawsuit Star Chambers Enterprises Wage and Hour Cases, California Superior Court in and for the County of Los Angeles, Judicial Council Coordination Proceeding No. 4755.” This request must be signed by you.

     

    If you opt-out of the Class, you no longer will be a Class Member, you will be barred from participating in this settlement, and you will receive no money or benefit from this settlement. By opting-out of the Class, you will retain whatever rights or claims you may have, if any, against Defendants, and you will be free to pursue such claims on an individual basis, if you choose to do so.

    Your request for exclusion should be mailed to:

     

    Star Chambers Wage and Hour Cases Administrator

    c/o Gilardi & Co. LLC

    P.O. Box 1110

    Corte Madera, CA 94976-1110

    

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  12. How do I object to the terms of the settlement?

    If you are a Class Member who does not opt-out of the settlement and who does not want the Court to approve the settlement in its entirety, you may write to the Court to say why you do not agree with the proposed settlement.

      1. Your objection must include:
      1. Your name and address;
      1. The name and number of this case (Star Chambers Wage and Hour Cases, Judicial Coordination Council Proceeding No. 4755);
      1. A written statement of the basis for your objection, including
      1. the reasons why you believe that the Court should find that the proposed settlement is not in the best interests of Class Members;
      1. the reasons why the Settlement should not be approved; and
      1. legal and factual arguments supporting your objection.
      1. A statement of whether you intend to appear at the final approval hearing; and
      1. Your signature or signature of your counsel, if any.

     

    Your objection must be filed with the Court and mailed to the Claims Administrator by October 13, 2015. You may submit your objection by mailing it to the Claims Administrator at:

     

    Star Chambers Wage and Hour Cases Administrator

    c/o Gilardi & Co. LLC

    P.O. Box 1110

    Corte Madera, CA 94976-1110

     

    You also must mail a copy of your objection to all of the attorneys listed below by October 13, 2015:

     

    Class Counsel:

    RIGHETTI GLUGOSKI, P.C.

    Matthew Righetti

    John Glugoski

    Michael Righetti

    456 Montgomery Street, Suite 1400

    San Francisco, CA 94104

    Telephone: (415) 983-0900

    Facsimile: (415) 397-9005

     

     

    Attorneys for Defendant Starchambers aka Promoworks:

    WINSTON & STRAWN LLP

    Laura R. Petroff, Esq.

    Emilie C. Woodhead, Esq.

    Jason S. Campbell, Esq.

    333 S. Grand Avenue, 38th Floor

    Los Angeles, CA 90071

     

     

    Attorneys for Defendant Crossmark:

    OLGETREE DEAKINS BASH SMOAK & STEWART, P.C.

    Lara C. de Leon, Esq.

    Christian Hickersberger, Esq.

    Park Tower

    695 Town Center Drive, Suite 1500

    Costa Mesa, CA 92626

    

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  13. When is the Final Approval Hearing?

    A final hearing to consider the fairness of the proposed settlement is scheduled for December 16, 2015 at 11:00 a.m. at the following location:

     

    Los Angeles County Superior Court

    600 South Commonwealth Avenue

    Department 322

    Los Angeles, CA 90005

    

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  14. Must I attend the Final Approval hearing?

    You are not required to attend the final hearing. The hearing may be continued or adjourned without further notice to the Class.

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  15. How do I get more information on the case?

    For more information about this case and to review key documents pertaining to the proposed settlement, you may:

    Contact the Claims Administrator:

     

    Star Chambers Wage and Hour Cases Administrator

    c/o Gilardi & Co. LLC

    P.O. Box 1110

    Corte Madera, CA 94976-1110

    Telephone: (877) 255-3514

    Email: info@starchamberswagecases.com

     

    Contact Class Counsel:

     

    RIGHETTI GLUGOSKI, P.C.

    Matthew Righetti

    John Glugoski

    Michael Righetti

    456 Montgomery Street, Suite 1400

    San Francisco, CA 94104

    Telephone: (415) 983-0900

    Facsimile: (415) 397-9005

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  16. What if I move?

    If you move after receiving the Notice, if the Notice was misaddressed, or if for any reason you want your payment or future correspondence concerning the settlement to be sent to a different address, you should send your current preferred address to the Claims Administrator at:

     

    Star Chambers Wage and Hour Cases Administrator

    c/o Gilardi & Co. LLC

    P.O. Box 1110

    Corte Madera, CA 94976-1110

    

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  17. Has the settlement been approved?

    The settlement was preliminarily approved on July 14, 2015. The Court will decide whether to give final approval to the settlement at a hearing scheduled for December 16, 2015 at 11:00 a.m. in Department 322 of the Los Angeles County Superior Court, located at 600 South Commonwealth Avenue, Los Angeles, CA 90005.

    

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  18. When will I receive my settlement payment?

    If the court grants Final Approval of the settlement, settlement checks will mail around March 2016.

    

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