Update: Nov. 12, 2020 – The Case Has Settled!
In fact, it’s not as big as we’d hoped, but at least it has been concluded and payment will be forthcoming. Hopefully it will be of assistance to you, if you are a class member.
Individuals involved include those who worked since November 7, 2015 as in-store, non-exempt employees who were employed at Dunn-Edwards California locations up through September 14, 2020.
The disbursement of funds will be handled by Jeremiah Kincannon of Simpluris. His telephone number if 714-824-8590 x1116.
Please call him for further information, should you believe your are a class member, and of course you can call our office at 626-795-0205 for assistance as well.
Update: March 1, 2020 – WE NEED YOUR HELP!!!!!
Are you now or have you worked for Dunn-Edwards since November of 2015? You may be entitled to past wages!!!
We need your help! Call us! Dunn-Edwards still hasn’t given us your names or addresses or phone numbers! We need to talk to you about how long you worked and when you weren’t paid!
We can use that to try to get the best possible result for the class. But we need your help!!!
Call us at 626-795-0205 or email us at Tom@falveylaw.com – the sooner the better!!!! We need to talk to you about when you worked and didn’t get paid – or missed meal or rest breaks!!!
Thanks for your help. You’ll be helping yourself and your fellow employees.
Update: Nov. 9, 2018 – Appeal Delayed Pending California Supreme Court Decision in Another Case
Several of you have called, asking the status of this case and the appeal that Dunn-Edwards filed after we won the last hearing.
Originally, defendant Dunn-Edwards was supposed to file its appeal in April. Because of a pending hearing before the California Supreme Court, which would have a legal effect on our lawsuit, both sides agreed (as we would have been ordered, had we not agreed) to postpone our appeal pending the outcome of that case. That case, by the way is Lawson v ZB, N.A., California Supreme Court Case No. S246711.
Having said that, we urge those of you who are potential class members to keep in touch concerning your employment, anything you might feel needs being discussed regarding your employment, and contact information for any employees who may not be aware of our case.
Also – Do you have any documents relating to your work, for example, your earnings statements or schedules or time-sheets, or texts from managers about your time? If so, we would be glad to get them from you.
Thanks very much. We hope to hear from you soon.
Update: Dec. 10, 2017 – Defendant Sought To Arbitrate Case, Lost, and Filed an Appeal!
We filed this case in November, 2016.
On October 11, 2017, notices were mailed out to almost 1,300 then current or former employees of Dunn-Edwards. As of November 3rd, 2017, 8 days before the deadline for the employees to opt out of our getting their names and information, MORE THAN 90% had not opted out! In fact, only 103 had opted out, an average of a manager per store, when you think of it.
But in November, Dunn-Edwards filed an appeal so that we couldn’t get your names and addresses if you are or were an employee of that company. They did that because in September, after the case had been pending for 10 months, they suddenly decided to try to get the case out of the court and into arbitration – and prevent our case from helping over 1,000 people. The judge denied their request, so Dunn-Edwards appealed.
So that means we didn’t get your names and addresses and phone numbers because the case was put on hold.
What can you do? ALL OF YOU who agreed to let us contact you – and even those who didn’t – do yourselves and every other class member a favor and call us or email us, or write us via regular U.S. Mail.
We’ve heard from many of you already. But we can use more help.
Were you paid back – reimbursed – for all the expenses you had? How about for the clothes you got paint on. Did Dunn-Edwards pay for that? Or for your having to drive to various stores?
How about working off the clock? Or working late? Paid for that? EVER paid overtime?
Please do yourself that favor. Contact us.
Thanks very much. We look forward to hearing from you soon.
Update: Oct. 25, 2017 – Notices to Potential Class Members of Case Have Gone Out!
If you worked for Dunn-Edwards in the past three years as a non-exempt (hourly) employee, you should have received something in the mail informing you of this case.
Dunn-Edwards is hoping that you will not want us to know your work experience, but we’re already being contacted by potential class members who want to know what they can do to try to get paid for time they spent working while off the clock.
If you worked for Dunn-Edwards and haven’t gotten anything in the mail by now, please contact us. Over 1,000 people have been sent mailers, but we understand that oftentimes people move, mail is lost in transit or misplaced or, worst of all, people get these notices and throw them away.
This case is NOT about getting you a coupon. We are trying to help people recover unpaid wages. No, we don’t guarantee success. But think about this: if we didn’t think we had a shot at helping you – if you’re a potential class member – we wouldn’t have spent the time and resources publishing this information.
So call us at 818-547-5200 or 626-795-0205.
Or feel free to email us at tom@falveylaw.com.
Thanks very much. We hope to hear from you right away.
Update: August 12, 2017 – Dunn-Edwards Doesn’t Want Us to Know Employees’ Names or Anything Else!
Why would that be?
Why has Dunn-Edwards done everything it can to try to prevent us from knowing your names if you worked at any of its stores in California during the past six years? What don’t they want us to know? Who would provide information to us that could help us?
Not only that, they don’t want to provide any documents, such as texts, emails, schedules, memos, manuals, anything at all about employees of Dunn Edwards in the past six years. Nothing at all! Why is Dunn-Edwards hiding the ball?
You could provide that information! Please contact us and get us names and phone numbers of anyone who worked for Dunn-Edwards in California since November, 2011!
We need your help!
Please call us.
Plaintiff’s Allegations – November 7, 2015
Our firm has joined with the Law Offices of Alex Hartounian in filing a Complaint (see attached) for Civil Penalties under the Labor Code Private Attorneys General Act (PAGA) of 2004, Labor Code 2698, et seq., against Dunn-Edwards Corporation.
This case is filed on behalf of non-exempt in-store employees in California who have worked at any Dunn-Edwards location at any time since November 7, 2015.
In her lawsuit, Plaintiff contends that Dunn-Edwards did not comply with the requirements under California law, and specifically failed to provide such employees with payment for all hours worked, including overtime wages.
Plaintiff has also pleaded in her complaint that Dunn-Edwards failed to provide adequate off-duty meal periods and meal period compensation and for rest periods and res period compensation.
Further, Plaintiff contends that as a matter of policy, Dunn-Edwards knowingly and intentionally provided Plaintiff with wage statements that, among others, do not show all wages earned, all hours worked, or all applicable rates.
Plaintiff also contends that, as a matter of policy and/or practice, Dunn-Edwards failed to pay Plaintiff all wages due and owing upon termination of employment, including, but not limited to payment of wages for off-the-clock work, overtime compensation and missed meal and res periods compensation.
Dunn-Edwards has not yet responded to the complaint filed November 7, 2016. The court has not yet ruled on any of Plaintiff’s allegations or determined whether the case is appropriate for class action status.
If you are or were an employee of Dunn-Edwards in California since November, 2015, we would like to speak with you. Please contact us by either calling our office at 818-547-5200, by mailing us at 550 North Brand Blvd., Suite 1500, Glendale, CA 91203. You may also email us at tom@falveylaw.com.
Law Offices of Thomas W. Falvey 