Court Grants Preliminary Approval of Class Action Settlement 7.15.15

On July 15, 2015, the San Bernardino Superior Court Granted Plaintiff Lorenzo Rubio's motion for preliminary approval of class action settlement.  Mr. Rubio is represented by Richard E. Quintilone II Esq. of Quintilone & Associates, a leading wage & hour class action law firm in the State of  California. 

The court scheduled a motion for final approval for October 20, 2015 at 8:30 AM. The Court Ordered that Notice shall be mailed to the class by ILYM Group Inc. of Irvine, California. The Notice shall provide the members of the Settlement Class thirty (30) days’ notice of all applicable dates and deadlines to opt out or object to the settlement. 

The Court ordered the Notice will include information regarding the nature of the Litigation; a summary of the terms of the Resolution; the definition of the Settlement Class; a statement that the Judge has preliminarily approved the Resolution; the procedure and time period for objecting to the Resolution, the date and location of the Final Approval hearing; information regarding the opt-out procedure; and Defendant’s calculation of the number of full workweeks that the Settlement Class member has worked as an employee of KTI Incorporated dba Rialto Concrete Products from May 14, 2010 through July 15, 2015. The Settlement specifically excludes all truck drivers covered in the putative class action case entitled Concho, et al. v. Pipeline Carriers Inc. et al., Orange County Superior Court Case No 30-2013-00649600, filed May 10, 2013. 

As a common fund settlement, the class members will not be required to submit a claim for to share in the $550,000 settlement. 

If a Notice is returned from the initial notice mailing, the Settlement Administrator will submit the applicable and available information, including name, Social Security number, and original mailing address, to a company that specializes in address skip tracing in an attempt to locate a more current address.  If the Settlement Administrator is successful in locating a new address, it will re-mail the Notice to the Settlement Class member.  

If you have any questions about the case or have similar claims at your current employer, please feel free to contact:

Richard E. Quintilone II, Esq.

Quintilone & Associates
22974 El Toro Road, Suite 100
Lake Forest CA 92630
Phone 949.458.9675
Fax 949.458.9679 
Email req@quintlaw.com    

Mediation Rescheduled for March 19, 2015

Unfortunately due to circumstances beyond the respective parties' control, the mediation in this class action case was rescheduled to March 19, 2015 in Los Angeles California.

Anyone with information relevant to the case should contact Richard E. Quintilone II Esq. at req@quintlaw.com or Fernando Guzman [Hablo Expanol] at fxg@quintlaw.com or at the office - 949.458.9675. See Quintilone & Associates web site for additional information.

Mediation Scheduled 12.15.14 in Los Angeles

Pursuant to an agreement of the parties, there will be a mediation of the class action case held in Los Angeles, California, with renowned mediator Steven Rottman Esq. 

We are looking for other employees who experienced similar mistreatment or former employees or former managers who have information regarding this conduct. If you would like a copy of the Complaint or have any questions regarding this case please contact:

Richard E. Quintilone II, Esq.
Kelli M. Winkle-Petterson Esq.
Quintilone & Associates
22974 El Toro Road, Suite 100
Lake Forest, CA 92630-4961
Telephone: 949.458.9675
Facsimile: 949.458.9679
Email: req@quintlaw.com  

Web: www.quintlaw.com

Rubio v. Rialto Concrete. About the Case

This blog is for informational purposes about a pending California class action lawsuit and how you can participate if you are an interested member of the employee class.
The case is entitled Rubio v. Rialto Concrete Products San Bernardino District Court Case No.: CIVDS1406132 before the Honorable Michael A. Sachs in Department S28J.

In or about April 21, 2014 Plaintiff, Lorenzo Rubio, filed a class action complaint pursuant to California Code of Civil Procedure § 382, on behalf of Plaintiff and all non-exempt employees employed by, or formerly employed by KTI, INCORPORATED  a California Corporation dba RIALTO CONCRETE PRODUCTS, and DOES 1 through 100, and any subsidiaries or affiliated companies (hereinafter collectively referred to as “Defendants”), within the State of California.

From at least April 2010 to the filing of this action and through to the present, Defendants consistently maintained and enforced against Defendants’ non-exempt employees, among others, the following unlawful practices and policies, in violation of California state wage and hour laws.
 
Specifically, the Complaint alleged Defendant has had a consistent policy of:

(a) requiring employees to work more than eight (8) hours in any given day and/or more than forty (40) hours in any given week, and not pay overtime compensation;

(b) failing to pay its employees wages for all hours worked;

(c) requiring Class Members within the State of California, including Plaintiff, to work at least five (5) hours without a lawful meal period or adding a meal period punch where none existed and failing to pay such employees one (1) hour of pay at the employees’ regular rate of compensation for each workday that the meal period is not provided;

(d) failing to provide Class Members within the State of California, including Plaintiff, rest periods of at least (10) minutes per four (4) hours worked or major fraction thereof and failing to pay such employees one (1) hour of pay at the employees regular rate of compensation for each workday that the rest period is not provided

(e) Defendants failed to reimburse employees for expenses incurred in violation of Labor Code § 2802;

(f) Defendants failed to maintain accurate records of Class Members’ earned wages and work periods.

(g) With respect to Class Members who either were discharged, laid off, or resigned, during the Relevant Time Period, Defendants failed to pay them in accordance with the requirements of Labor Code §§ 201, 202, 203;

(h) Defendants failed to provide access to personnel files and pay records as required by the California Labor Code and Wage Orders demonstrating the Class Members’ earned wages and work periods when requested.

This blog is for informational purposes about the class action lawsuit and how you can participate if interested.

We are looking for other employees who experienced similar mistreatment or former employees or former managers who have information regarding this conduct. If you would like a copy of the Complaint or have any questions regarding this case please contact:

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Richard E. Quintilone II, Esq.
Quintilone & Associates
22974 El Toro Road, Suite 100 Lake Forest, CA 92630-4961
Telephone: 949.458.9675
Facsimile: 949.458.9679
Email: req@quintlaw.com
Web: www.quintlaw.com
Legal Assistant
Fernando Guzman
Se Habla Español
Email fxg@quintlaw.com
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John D. Trieu, Esq.

Law Offices of John D. Trieu, APC

9211 Bolsa Ave., Suite 222

Westminster, Ca 92683

Telephone No.: 714.892.2154

Facsimile No.: 714.893.6710

E-Mail:   john@trieulaw.com

Web: www.trieulaw.com

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PLEASE BE ADVISED THAT RIALTO CONCRETE AND ALL CALIFORNIA EMPLOYERS ARE STRICTLY PROHIBITED FROM RETALIATING AGAINST EMPLOYEES FOR PARTICIPATING IN OUR INVESTIGATION.

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If you feel that you or other workers have been subjected to retaliation or intimidation, please contact us or the California Department of Industrial Relations, Division of Labor Standards Enforcement immediately. See http://www.dir.ca.gov/dlse/
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Please contact us at the phone number or email address above so we may continue our investigation of the allegations in this case.