Filed Date: Oct. 13, 2006
Closed Date: 2012
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On October 13, 2006, a group of more than one thousand Latino construction workers who installed gutters, fireplaces, and insulation throughout California filed a class action lawsuit in the Superior Court of California, Los Angeles County, (assigned case number BC360357) against Schmid Insulation Contractors, Inc. and Masco Contractor Services, Inc. Plaintiffs alleged that their employers violated California state wage and hour laws by not paying them for all of the time they spent on the job site and allegedly requiring workers to change their time cards.
Defendants removed the case to the United States District Court for the Central District of California on November 30, 2006. The District Court (Judge Dale S. Fischer) granted plaintiffs' motion to remand and sent the action back to the Superior Court of California, Los Angeles County on February 6, 2007.
In May 2007, the Mexican American Legal Defense and Educational Fund announced that it was joining the lawsuit on behalf of the plaintiff class.
On September 12, 2008, Defendants again removed the case to the United States District Court for the Central District of California.
On March 9, 2009, the District Court (Judge Fischer) approved an $8.5 million settlement agreement. The Court allocated 25% of the fund to class counsel for attorneys' fees, and up to $140,000.00 in costs. The Court also allocated $90,000.00 to the Settlement Administrators.
For the next two years, the Settlement Administrators attempted to seek reimbursement for costs above the $90,000.00 limit on administration costs imposed by Judge Fischer. A settlement was eventually reached, compensating the Administrators an additional $20,000.00 for their efforts.
Summary Authors
Dan Dalton (11/11/2007)
Dan Whitman (11/18/2014)
Chooljian, Jacqueline (California)
Albutt, George P. (California)
Campins, Julia (California)
Cheng, Vincent (California)
Bernard, Chad D. (California)
Chooljian, Jacqueline (California)
Fischer, Dale S. (California)
Last updated Aug. 30, 2023, 1:55 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: California
Case Type(s):
Key Dates
Filing Date: Oct. 13, 2006
Closing Date: 2012
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Settlement Class: All persons who are employed or have been employed by Defendants Western or by Schmid as installers in the construction field in California to install building products between October 13, 2002, through September 30, 2008.
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
Schmid Insulation Contractors Inc., Private Entity/Person
Masco Contractor Services Inc., Private Entity/Person
Case Details
Causes of Action:
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Amount Defendant Pays: Between $8.5 and 9 millio
Issues
General:
Staff (number, training, qualifications, wages)
Immigration/Border:
National Origin/Ethnicity: