On May 1, 2012, Plaintiff May filed a class action against her employer, Quality Behavioral Outcomes, LLC (“QBO”). She amended her complaint on May 18, 2012, naming Trumpet Behavioral Health, LLC (“Trumpet”) as a second defendant. Plaintiff May, on her own behalf and on behalf of the putative class of similarly situated employees of QBO and Trumpet, seeks the following, in addition to penalties, interest, attorney’s fees, and costs:
- Payment of wages for time traveling between clients
- Reimbursement of mileage expenses for travel between clients
- Reimbursement of cell phone expenses
- Reimbursement of home internet expenses
Below are some frequently asked questions regarding this case. If you do not see an answer to your specific question, please contact us.
What is the status of the case?
The case was filed in Alameda County Superior Court on May 1, 2012. Plaintiff filed a First Amended Complaint on May 18, 2012. The case is pending as case number RG1262810, and it is pending before Hon. Judge Steven Brick, Department 17.
Defendants filed an Answer to the First Amended Complaint on or about July 12, 2012.
The court has ordered the parties to attend private mediation by October 31, 2012.
The case resolved at mediation.
The court granted preliminary approval of the settlement on July 17, 2013.
The court appointed a claims administrator to oversee the payment of funds to settlement class members. The claims administrator will be sending out a Notice of Settlement and Class Member Information Form to all settlement class members.
Who is affected by the case?
Plaintiff seeks unpaid wages, including straight-time and overtime wages, and the reimbursement of all job-related expenses, including mileage, cell phone costs, and home internet costs, for many California-based employees of Defendants from May 1, 2008 to the present.
Settlement Class Definitions
The court defined the class as follows for settlement purposes. If you fit into one, two, or three of these categories, then you are a settlement class member:
(1) Nonexempt Subclass: All current and former employees of Defendants who, at any time from May 1, 2008 through April 30, 2012, were classified as nonexempt and used their personal vehicle for business use, including but not limited to driving between clients or schools;
(2) Exempt Subclass: All current and former employees of Defendants who, at any time from May 1, 2008 through April 30, 2012, were classified as exempt and used their personal vehicle for business use, including but not limited to driving between clients or schools; and
(3) Reimbursement Subclass: All former and current employees of Defendants employed at any time from May 1, 2008 through April 30, 2012.
What types of damages does Plaintiff seek?
Plaintiff seeks damages for unpaid straight-time and overtime hours worked from on or about May 1, 2008 through the present. She also seeks various penalties available under the California Labor Code. Those penalties include a penalty under Labor Code section 226 for providing inaccurate paycheck stubs. She also seeks reimbursement of all job-related expenses, including mileage, cell phone costs, and home internet costs.
How do I get involved?
You may contact Plaintiff’s counsel, Michael A. Strauss at Strauss & Strauss, APC, directly by emailing him using the contact form on this page. You may also call Strauss & Strauss, APC at (805) 641-6600.