What’s The Case About?
You may have received a
Notice of Certified Class Action ("Notice") informing you of a class action lawsuit against Defendants Big Lots, Inc. and PNS Stores, Inc. ("Big Lots" or "Defendants") entitled Hubbs, et al. v. Big Lots Stores, Inc., et al. pending before Judge John A. Kronstadt of the United States District Court for the Central District of California (the "Court"), Case No. 2:15-cv-01601-JAK (ASx). The Court has ordered this
Notice be sent to class members so that they can be fully informed about the lawsuit and their rights and options in connection with it. However, even if you did not receive any Notice, your rights and options in connection with this litigation may still be impacted if you meet the following definition for the Class:
All non-exempt employees of Big Lots Stores, Inc. and PNS Stores, Inc. who worked one or more closing shift at any Big Lots store in California between February 7, 2010 and May 23, 2017, and where Big Lots' recordkeeping systems reflect a gap between the Closing Shift Class Members’ end of shift time and the time the store’s alarm was set.
The Plaintiffs assert that Big Lots violated California’s wage and hour laws and unfair competition laws by failing to compensate employees working closing shifts for time spent at the store after being clocked out, but before the store alarm was set. Big Lots denies liability and maintains that it paid employees all wages due. Prior to certifying the class, the Court found in Big Lots’ favor regarding one named plaintiff’s claim for unpaid closing time wages.
On May 23, 2017, the Court entered an order certifying this case as a class action, which means that this action will proceed on behalf of all individuals who meet the Class definition.
In certifying this case as a class action, the Court has not expressed any opinion as to the merits of the claims. In other words, there has been no determination as to whether Defendants committed the violations that are alleged.
The following attorneys have been approved by the Court to act as Class Counsel:
Law Offices of Mark Yablonovich
Mark Yablonovich
1875 Century Park East, Suite 700
Los Angeles, California 90067
1 (888) 391-4994
info@BigLotsClassAction.com
WHAT ARE MY RIGHTS IN THIS MATTER?
If you received the Notice and wish to participate in the case and remain a member of this class, you do not need to do anything right now. You will be automatically included as a member of the certified class and you will receive further notices as the case progresses. You will retain the possibility of receiving money or benefits that may come from a trial or settlement of the case, you will be bound by the outcome, whether favorable or unfavorable, and you will give up the right to separately sue Defendants for legal claims that are the same or related to those alleged in this lawsuit.
You have the right to exclude yourself from the class. If you do not want to be included in the lawsuit, you must request to be excluded by completing and submitting a Request for Exclusion Form by October 16, 2017, to the claims administrator at:
Simpluris, Inc.
3176 Pullman Street, Suite 123
Costa Mesa, California 92626
1 (888) 369-6081
If you send the exclusion form you will no longer be a class member and you will not receive money from any settlement or judgment. You will retain the right to pursue your individual claim(s) against Defendants with legal counsel of your choosing, but the limitations period on your claim(s) will continue to run. You will not prejudice any rights or claims you may have by excluding yourself from this action.
ADDITIONAL INFORMATION
If you worked for Big Lots at any time from February 7, 2010 to the present, and you believe your rights were violated as described above, or if you have any questions or need more information, please call us at (888) 391-4994. You can also send an email to info@BigLotsClassAction.com and an attorney for the Plaintiffs will get back to you soon. Be sure to provide your name, telephone number, and the best time to reach you.
HOW CAN I HELP?
If you have any questions or would like an update on the status of this case, we ask that you email us at
info@BigLotsClassAction.com or call us at
888.391.4994. Be sure to leave your name, telephone number, and the best time to reach you, and an attorney will get back to you soon.
What Laws Protect My Employment?
California law provides various protections and rights to employees in the state in the areas of wrongful termination, workplace harassment, and regarding wage issues like overtime, minimum wages, meal and breaks, vacation pay, and other issues related to compensation. You can find a more detailed description of various rights organized below by subject.
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Law Offices of Mark Yablonovich
Mark Yablonovich
1875 Century Park East, Suite 700
Los Angeles, CA 90067
Phone: 888.391.4994
Email: info@yablonovichlaw.com
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