Elvira Villegas and Marco Martinez v AOCLSC INC.

SUPERIOR COURT
STATE OF CALIFORNIA
Case No. 22STCV17702

You may be eligible to receive money from an employee class action lawsuit (“Action”) against AOCLSC INC., (referred to herein as a placeholder “AOCLSC INC.”) for alleged wage and hour violations. The Action was filed by former AOCLSC INC. employees ELVIRA VILLEGAS and MARCO MARTINEZ (“Plaintiffs”) and seeks payment of (1) back wages and other relief for a class of non-exempt hourly employees (“Class Members”) who worked for AOCLSC INC. in California during the Class Period (May 8, 2019 to May 15, 2023); and (2) penalties under the California Private Attorney General Act (“PAGA”) for non-exempt hourly employees who worked for AOCLSC INC. in California during the PAGA Period (June 1, 2021 to May 15, 2023) (“Aggrieved Employees”).

The proposed Settlement (as defined herein) has two main parts: (1) a Class Settlement requiring AOCLSC INC. to fund Individual Class Payments, and (2) a PAGA Settlement requiring AOCLSC INC. to fund Individual PAGA Payments and pay penalties to the California Labor and Workforce Development Agency (“LWDA”).

The Court has already preliminarily approved the proposed Settlement and approved the Notice. The Court has not yet decided whether to grant Final Approval. Your legal rights are affected whether you act or not act. Read the Notice carefully. You will be deemed to have carefully read and understood it. At the Final Approval Hearing, the Court will decide whether to finally approve the Settlement and how much of the Settlement will be paid to Plaintiffs and Plaintiff’s attorneys (“Class Counsel”). The Court will also decide whether to enter a judgment that requires AOCLSC INC. to make payments under the Settlement and requires Class Members and Aggrieved Employees to give up their rights to assert certain claims against AOCLSC INC.

If you worked for AOCLSC INC. during the Class Period and/or the PAGA Period, you have two basic options under the Settlement:

(1) Do Nothing. You don’t have to do anything to participate in the proposed Settlement and be eligible for an Individual Class Payment and/or an Individual PAGA Payment. As a Participating Class Member, though, you will give up your right to assert Class Period wage claims and PAGA Period penalty claims against AOCLSC INC.

(2) Opt-Out of the Class Settlement. You can exclude yourself from the Class Settlement (opt-out) by submitting the written Request for Exclusion or otherwise notifying the Administrator in writing. If you opt-out of the Settlement, you will not receive an Individual Class Payment. You will, however, preserve your right to personally pursue Class Period wage claims against AOCLSC INC., and, if you are an Aggrieved Employee, remain eligible for an Individual PAGA Payment. You cannot opt-out of the PAGA portion of the proposed Settlement.

AOCLSC INC. will not retaliate against you for any actions you take with respect to the proposed Settlement.

SUMMARY OF YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

You Don’t Have to Do Anything to Participate in the Settlement	If you do nothing, you will be a Participating Class Member, eligible for an Individual Class Payment and an Individual PAGA Payment (if any). In exchange, you will give up your right to assert the wage claims against AOCLSC INC. that are covered by this Settlement (Released Claims).
You Can Opt-out of the Class Settlement but not the PAGA Settlement     The Opt-out Deadline is October 9, 2024	If you don’t want to fully participate in the proposed Settlement, you can opt-out of the Class Settlement by sending the Administrator a written Request for Exclusion. Once excluded, you will be a Non-Participating Class Member and no longer eligible for an Individual Class Payment. Non-Participating Class Members cannot object to any portion of the proposed Settlement. See Section 6 of the Notice. You cannot opt-out of the PAGA portion of the proposed Settlement. AOCLSC INC. must pay Individual PAGA Payments to all Aggrieved Employees and the Aggrieved Employees must give up their rights to pursue Released Claims (defined below).
Participating Class Members Can Object to the Class Settlement but not the PAGA Settlement   Written Objections Must be Submitted by October 9, 2024	All Class Members who do not opt-out (“Participating Class Members”) can object to any aspect of the proposed Settlement. The Court’s decision whether to finally approve the Settlement will include a determination of how much will be paid to Class Counsel and Plaintiffs who pursued the Action on behalf of the Class. You are not personally responsible for any payments to Class Counsel or Plaintiffs, but every dollar paid to Class Counsel and Plaintiffs reduces the overall amount paid to Participating Class Members. You can object to the amounts requested by Class Counsel or Plaintiffs if you think they are unreasonable. See Section 7 of the Notice.
You Can Participate in the November 8, 2024, Final Approval Hearing	The Court’s Final Approval Hearing is scheduled to take place on November 8, 2024 at 10:00 a.m. You don’t have to attend but you do have the right to appear (or hire an attorney to appear on your behalf at your own cost), in person, by telephone or by using the Court’s virtual appearance platform. Participating Class Members can verbally object to the Settlement at the Final Approval Hearing. See Section 8 of the Notice.
You Can Challenge the Calculation of Your Workweeks/Pay Periods Written Challenges Must be Submitted by September 9, 2024	The amount of your Individual Class Payment and PAGA Payment (if any) depend on how many workweeks you worked at least one day during the Class Period and how many Pay Periods you worked at least one day during the PAGA Period, respectively. The number of Class Period Workweeks and number of PAGA Period Pay Periods you worked according to AOCLSC INC.’s records is stated on the first page of the Notice. If you disagree with either of these numbers, you must challenge it by September 9, 2024. See Section 4.3 of the Notice.