This is a Brand Ambassador class action case brought against Tallgrass Talent Group, LLC and Omega Resource Solutions, LLC. The Brand Ambassadors allege they were denied minimum wages and reimbursement of certain business-related expenses.
What is the latest update in the case?Last updated: February 8, 2017 at 19:26 pm
The case is currently in progress.
Plaintiff, Sonia Vivar, on behalf of herself and those similarly situated, and Defendant Tallgrass Talent Group, LLC have agreed to mediate the case on March 27, 2017 at 10:00 a.m. The mediation will take place at the offices of Steve Cerveris at 246 North Pass Avenue, Brubank, California 91505.
Defendant Omega Resource Solutions, LLC, has indicated that it will not be attending mediation, although the parties are hopeful that this position may change.
What is the case about?
This is a proposed class action. Plaintiff was a “Brand Ambassador” working for Tallgrass and Omega (joint employers), in California. She was treated as an employee, with payroll taxes deducted from her wages. As part of her job, she traveled to and from demo locations (typically at grocery stores or liquor stores) where she was tasked with presenting particular products in an attempt to boost sales of said product. She alleged, in part, that Tallgrass and Omega failed to pay her minimum wage for all hours worked on each demonstration and that she was not reimbursed for all of her business-related expenditures (including, but not limited to, mileage, printer ink, postage, etc.) incurred as a result of said demonstrations, as required by California law.
The plaintiff, on behalf of herself and those similarly situated, seeks damages, penalties, and restitution, as well as interest, attorneys’ fees, and costs.
Tallgrass claims Omega was Plaintiff’s employer. Omega claims Tallgrass was Plaintiff’s employer. Neither admits any liability so far.
Where is the case pending?
The case is pending in the Superior Court of the State of California for the County of Los Angeles as Case No. BC562517. The case is assigned to the Honorable Maren E. Nelson. A status conference is scheduled for March 10, 2017, but which the parties are trying to move to a date after mediation.
Who is in the class?
The court has not yet certified the class. It is not until such time that the “class” has a legal definition. However, at this time, the putative class is defined as, and includes: “each employee of DEFENDANTS in California who, within four years preceding the initial filing of this Complaint and through the present, incurred business-related expenses, including unreimbursed travel expenses, unreimbursed costs relating to preparation and submission of demo Reports, in the execution of his or her job duties for DEFENDANTS, for which he or she was not reimbursed, and who were not paid at least a minimum wage for work performed, including, but not limited to, their travel time to and from demo location(s).”
I think I am a class member. What should I do?
Please contact Strauss & Strauss, APC for more information. Call us at (805) 641-6601.