Former General Manager Files Suit to Demand Justice From Government Contractor

The former General Manager of MV Transportation’s San Leandro, California office filed a lawsuit today in Los Angeles County Superior Court against his prior employer, MV Transportation, and its Regional Vice President, Clarence Michael Stewman (Los Angeles Superior Court Case No. BC614873).  Plaintiff Aaron Gonzales’ lawsuit alleges, among other things, that MV Transportation and Mr. Stewman lured him away from his job in Texas to begin a new position in California based on false promises and representations, and that after he arrived in California, the defendants reneged on their obligation to pay Mr. Gonzales his quarterly bonus for meeting performance goals.

California Labor Code Section 970 prohibits an employer or individual from persuading a person to move residences for a job, “by means of knowingly false representations” regarding compensation or other matter.  Mr. Gonzales’ lawsuit alleges that when he complained about the underpayment of his bonus, the company fired him in retaliation for his complaints, which is unlawful under California law.

MV Transportation provides passenger transportation via fixed-route, paratransit (for people with disabilities) and school buses.  MV TRANSPORATION contracts primarily with government entities across the U.S. and Canada and provides consulting services world-wide.  MV TRANSPORTATION boasts annual revenues of $1,000,000,000.00 (one billion dollars) and operates nearly 10,000 transit vehicles and employs more than 16,500 transit professionals.

Mr. Gonzales is represented by Helmer Friedman, LLP a Culver City, California law firm that represents employees and other individuals who seeking to assert their rights.  Mr. Gonzales’ attorney, Andrew H. Friedman stated, “No private company, particularly ones that receive public money, ostensibly to carry out public services, should be permitted to flout employment laws and betray the trust that taxpayers have bestowed in them.”  Mr. Friedman continued, “Corporations headquartered in Texas sometimes mistakenly think that they can come to California and act like this is the ‘wild west.’  But even corporations headquartered in other states must follow California employment laws.”

For more information about Mr. Gonzales’ lawsuit, please contact Andrew Friedman or Lincoln Ellis at 310-396-7714.   Similarly, if you are a witness or have information that would be relevant to Mr. Gonzales’ claims please contact Mr. Friedman and/or Mr. Ellis.  A copy of Mr. Gonzales’ lawsuit can be found here.

2018-04-12T13:45:54-08:00March 24th, 2016|employment law, fair employment rights, Front Page News, Wage & Hour Violations, wrongful termination|Comments Off on Former General Manager Files Suit to Demand Justice From Government Contractor

Wage & Hour Lawsuit Against Tatitlek & US Marine Corps

The United States District Court for the Central District of California has given its final approval to the class action settlement in this case. Class member settlement checks will be issued on January 27, 2012.

The United States District Court for the Central District of California has preliminarily approved a class action settlement in this case. The official website regarding the settlement is http://www.tssisettlement.com/. The Court has entered an Order certifying this lawsuit as a class and defined the Settlement Class as individuals who performed services as role players, foreign language specialists, civilians on the battlefield and the like (whatever the job title), whether as independent contractors or professionals, exempt or non-exempt employees, at the US Marine Corps Base at Twentynine Palms, California, or at any other site pursuant to contract between Tatitlek Support Services, Inc. and the United States Marine Corps between November 6, 2004 and January 24, 2011. The deadline to file a Claim is June 22, 2011. You may file a claim by at the official website regarding the settlement is http://www.tssisettlement.com/ Below are some answers to frequently ask questions.

 

FREQUENTLY ASKED QUESTIONS

  1. What is this lawsuit about?
    The lawsuit alleges that Tatitlek Support Services, Inc. (“TSSI”) initially improperly classified individuals as independent contractors and thereafter as salaried exempt employees (instead of non-exempt hourly employees) and, accordingly, failed to pay them overtime in violation of Federal and California law and otherwise failed to comply with California’s wage and hour laws applicable to non-exempt hourly employees. Plaintiffs further allege that TSSI breached oral employment contracts with individuals. TSSI denies any and all of the allegations made by Plaintiffs in the Litigation.
  2. Why did I receive this Notice?
    There is now pending in the United States District Court for the Central District of California, a class action and TSSI’s employment records indicate that you are a member of the Settlement Class.
  3. What is the description of the Class?
    All persons who performed services as role players, foreign language specialists, civilians on the battlefield and the like, whatever the job title, whether as independent contractors or professionals, exempt or non-exempt employees, at the United States Marine Corps base located at Twentynine Palms, California or at any other site pursuant to contract between Tatitlek Support Services, Inc. (“TSSI”) and the United States Marine Corps between November 6, 2004 and January 24, 2011.
  4. What are my options?
    You can file a claim and receive a Settlement Award. You can dispute the employment information in the claim form. You can exclude yourself from the Settlement and Class. You will be excluded from the Settlement Class, will not receive a settlement award, and will not be bound by the settlement. You can do nothing. If you do nothing, you will be bound by the settlement agreement and you will not receive any money from the Settlement Fund. You can object to the Settlement.
  5. What are the settlement benefits for Class Members?
    The Settlement Fund is in the amount of Two Million Four Hundred Thousand Dollars and Zero Cents ($2,400,000.00). After other expenses are deducted from the fund, the Net Settlement Fund is estimated to be $1,635,000.00. The distribution will occur on a pro-rata basis based on the number of days worked by each Settlement Class member.
  6. How do I file a Claim?
    You may complete, sign, and return the Claim Form that was enclosed in the Notice packet mailed to you by the filing deadline of June 22, 2011. Alternatively, you may use the official website regarding the settlement — http://www.tssisettlement.com/ to file a claim, by following the instructions after selecting the File Claim tab in the upper right hand menu.
  7. What if I disagree with the either the Number of Days Worked or the Last Day Worked?
    If you dispute the Number of Days Worked or Last Day Worked, you must provide documentation (such as pay stubs) showing the different number of days you worked.
  8. What if I want to exclude myself from this Class Action?
    To be excluded, you must timely deliver a written request for exclusion to the Claims Administrator postmarked no later than June 22, 2011. Such request must refer to John Joseph Saint John, Julio Cesar Flores, Antonio Aguilar v. Tatitlek Support Services, Inc., Tatitlek/Force Preparedness Training Services, Inc., et al., U.S. District Court, Central District of California, Case No. ED CV08-01909 JZ (RZx), provide the name, address, telephone number and last four digits of the social security number of the person requesting exclusion, and clearly state that such person requests exclusion from the Settlement Class. If you request exclusion, you will be responsible for handling your own case (to the extent the statute of limitations does not bar the prosecution of your claims in a new lawsuit) and/or securing your own legal representation.
  9. What if I want to file an Objection with the Court?
    You may object to this settlement by delivering a written statement objecting to the settlement to the Claims Administrator at the address noted above, and attorneys for both no later than September 30, 2011. Such objection must refer to John Joseph Saint John, Julio Cesar Flores, Antonio Aguilar v. Tatitlek Support Services, Inc., Tatitlek/Force Preparedness Training Services, Inc., et al., U.S. District Court, Central District of California, Case No. ED CV08-01909 JZ (RZx), provide the name, address, telephone number and last four digits of the social security number of the person objecting, and clearly state why you object to the settlement and whether you intend to appear at the Final Settlement Approval Hearing. You may not object to this settlement if you exclude yourself from the Settlement Class. You must still submit a Claim Form if you wish to participate in the settlement, even if you object.
  10. Who are the attorneys representing the Class?
    HELMER • FRIEDMAN, LLP
    723 Ocean Front Walk
    Culver City, California 90291
    Telephone: (310) 396-7714
    Facsimile: (310) 396-9215
    E-Mail: info@helmerfriedman.com
    www.helmerfriedman.com

THE COWAN LAW FIRM
Jeffrey W. Cowan (S.B. # 157474)
1541 Ocean Avenue, Suite 200
Santa Monica, CA 90401
Telephone: (310) 394-1420
Facsimile: (310) 394-1430
E-Mail: jeffrey@cowan-law.com
www.cowan-law.com

  • Who are the attorneys representing the Defendant?
    BROWN GITT LAW GROUP, LLP
    Thomas P. Brown IV and Sherry B. Shavit
    300 North Lake Avenue, Suite 200
    Pasadena, California 91101
    Telephone: (626) 229-1919
    Facsimile: (626) 229-1917
    E-mail: sshavit@browngitt.com
  • When and where is the Final Approval Hearing?
    A Final Settlement Approval Hearing is scheduled at the U.S. District Court, Central District of California, located at 312 N Spring St #G8, Los Angeles, CA 90012-2095, on October 21 2011, at 10:30 a.m.

 

2018-04-12T13:46:00-08:00January 27th, 2012|class actions, employment law, Misclassified Independent Contractors, Wage & Hour Violations|Comments Off on Wage & Hour Lawsuit Against Tatitlek & US Marine Corps
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