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September 25, 2009 - U.S. District Court preliminarily approves
$1.5 million class action settlement. To see a copy of the Court's
Notice of Class Action Settlement, Claim Form and Procedures,
Exclusion Procedures, and Final Approval of Settlement Hearing,
click
here. If you are a current or former Sales Associate
or Manager of U.S. Remodelers, Inc. (U.S. Home Services) and/or U.S.
Home Systems, Inc. who was employed in California at any time
between the dates of July 3, 2003 and August 24, 2009, you are a
member of the class and should have received a copy of the Court's
Notice. If you have not received this document, please contact the
Claims Administrator as soon as possible to request copy of this
document and the Claim Form:
U.S. Remodelers Litigation
c/o CPT Group, Inc.
16630 Aston Street
Irvine, California 92606
Toll free number: (888) 844-3063
In order to make a claim and potentially receive a settlement award,
you must must complete and return the Claim Form you should have
received, which must be post-marked no later than November 7, 2009.
If you fail to complete and return the Claim Form within the
foregoing time, you will be barred from participating in the
settlement. To see a copy of the Claim Form,
click
here.
March 20, 2008 - Counsel for plaintiffs seeking witnesses and
evidence in lawsuit against U.S. Remodelers.
Click
here to fill out Questionnaire (pdf)
or (Word).
The law firm of
Helmer • Friedman LLP represents plaintiffs in a potential class
action lawsuit against U.S. Remodelers, Inc. and its parent
corporation, U.S. Home Systems, Inc. The lawsuit seeks to recover:
(1) deductions that were unlawfully taken from the commissions
earned by California Sales Associates from July 3, 2003, to the
present time; and (2) reimbursements for expenses incurred by
California Sales Associates during the same time period.
The lawsuit alleges that U.S. Remodelers unlawfully required that
its California Sales Associates “insure” the company against
business losses and alleged “overhead” expenses by deducting two
types of losses and expenses from the employees’ earned commissions.
First, the lawsuit alleges that U.S. Remodelers deducted a co-called
“administration” or “permit” fee (typically in the amount of
$250.00) from salespersons’ commissions. Second, the lawsuit alleges
that U.S. Remodelers deducted amounts from each California Sales
Associate’s commission when they under-measured the customer’s
kitchen or other area to be re-faced or made other mistakes.
The lawsuit also alleges that U.S. Remodelers failed to reimburse
its California Sales Associates for the expenses they incurred in
the course of performing their job duties and responsibilities
including, among other expenses, the following:
A. Home Depot Uniforms - The lawsuit alleges that some California
Sales Associates purchased shirts and other items of clothing with
The Home Depot name or logo for which they have not been reimbursed
in violation of Labor Code Sections 450 and 2802.
B. Home Depot Business Cards - The lawsuit alleges that some
California Sales Associates purchased business cards with The Home
Depot name or logo for which they were not reimbursed in violation
of Labor Code Sections 450 and 2802.
C. Home Depot Thank You Note Cards - The lawsuit alleges that some
California Sales Associates purchased Thank You Note Cards with The
Home Depot name or logo for which they were not reimbursed in
violation of Labor Code Sections 450 and 2802.
D. Fax Machine and Laser/Ink Jet Cartridges - The lawsuit alleges
that some California Sales Associates purchased a fax machine and/or
laser/ink jet cartridges for which they were not reimbursed in
violation of Labor Code Sections 450 and 2802.
E. Copy Machine/Ink Cartridges and/or Copying Costs - The lawsuit
alleges that some California Sales Associates purchased a copy
machine and/or spent money to make copies of documents for which
they were not reimbursed in violation of Labor Code Sections 450 and
2802.
F. Computer and Internet Connection - The lawsuit alleges that some
California Sales Associates purchased a computer and maintained an
internet connection for which they were not reimbursed in violation
of Labor Code Sections 450 and 2802.
G. Cell Phone and Cellular Service - The lawsuit alleges that some
California Sales Associates purchased a cell phone for which they
were not reimbursed in violation of Labor Code Sections 450 and
2802.
H. Overnight Delivery Service Costs - The lawsuit alleges that some
California Sales Associates incurred costs and expenses using
overnight delivery services such as FedEx for which they were not
reimbursed in violation of Labor Code Sections 450 and 2802. .
I. Pens, Paper, Envelopes, and Other Office Supplies - The lawsuit
alleges that some California Sales Associates purchased pens, paper,
envelopes, and other offices supplies for which they were not
reimbursed in violation of Labor Code Sections 450 and 2802.
U.S. Remodelers has denied liability in this matter. Currently, the
parties are still in the process of investigating the allegations
made in this lawsuit. As part of our investigation, we hope to
obtain information from as many potential class members as possible.
Toward that purpose, we have prepared a questionnaire that can
provide us with information about the allegations made in the
lawsuit.
Click
here to fill out Questionnaire (pdf)
or (Word).
By filling out this questionnaire and returning it you can
provide vital information to us that will help obtain a favorable
settlement in this matter or support our motion for class
certification if the case does not settle.
If you would like to obtain additional information about this
lawsuit and your rights, or if you have questions about the
Questionnaire, please call attorney Greg Helmer at 310-396-7714.
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