Update: July, 2022 – Case Settled, Final Approval Granted, Payments to Take Place Next Year
We have no doubt that many of you have been hoping and anticipating payment in this case. But no payments will be made until next summer, i.e., of 2023, per order of the court.
If you believe you are a class member, we strongly recommend that you make sure that Simpluris, the Third Party Administrator; has your name, address, and current contact information. Cassandra Polites is the Senior Project Manager of this case at Simpluris, and she can be reached at cpolites@simpluris.com and/or 714.640.5624.
Of course, if you have any questions, please feel free to contact us at 626-795-0205 or 818-547-5200 or at tom@falveylaw.com.
Update: Aug. 10, 2021 – Great News! Motion for Preliminary Approval Granted
The court granted our Motion for Preliminary Approval in the settlement of this case. Please be patient, however. The hearing on the Motion for FINAL Approval will likely not take place until later this year. For more information, keep watching for updates on www.falveylaw.com.
The class includes hourly employees who worked for that company in Northern and in Southern California since December 9, 2012. If you believe you are a member of this class, you should have gotten a notice of the terms of the settlement earlier this month from Simpluris, the company administering the notices and claims. YOU MUST TAKE IMMEDIATE ACTION WITHIN THE TIME SET OUT ON THE FORM YOU RECEIVED if you are a class member. Failure to do so could mean you lose your right to obtain benefits pursuant to this settlement.
If you didn’t get that notice, it might mean your notice was misaddressed, or lost in the mail, or you weren’t included in the mailing. If that happens, to get help or if you have any questions, you will need to contact Simpluris, the company sending out the notices, via their toll-free line at (888) 369-3780 as soon as possible.
Update: May 1, 2020 – Once the Courts Open We Will Have Great News!
Sounds like an excuse, doesn’t it? But we hope to be filing a Motion soon, to settle the case and people can participate in the settlement.
In the meantime, if you have had any problems at work because of Covid-19 – whether you still work at Korea Times or not! – Contact us! You can call us at 626-795-0205 or email tom@falveylaw.com.
Be careful and be safe! We’d be glad to hear from you!
Update: Sep. 10, 2019 – GOOD NEWS MAY BE COMING OUT SOON!
For all of you who have been calling and emailing about this case, PLEASE KEEP DOING SO!
Your help and providing us information and documents on this case have really moved it forward.
HAVE YOU MOVED? If this case settles and KOREA TIMES doesn’t have a correct address for you, you might not be able to participate. We know of some of you, but it might help you and it may well help our case for you to contact us.
ALSO – Has anything happened to you or anyone else there for complaining about your pay or breaks or working conditions? Let us know!
Thanks again. We hope to hear from you or anyone else who worked there whenever you have a chance.
And if you have any other legal questions, please feel free to call 626-795-0205 or email me at tom@falveylaw.com.
Update: June 1, 2019 – Motion for Class Certification Soon – Or Perhaps Mediation!
Late last year, we took a shot at mediation, but it didn’t work out. We may be doing that again. But if that doesn’t result in a settlement, then we’ll be filing our Motion for Class Certification in just a few months.
So. Did you work for the Korea Times in Los Angeles since December, 2012? That’s right. This case goes back more than six and a half years. If so, how about helping yourself and your fellow workers? How about calling us with information about what happened to you?
Or do you know anyone who worked there in that time who might want to talk with us, and talk about the hours worked, any breaks missed, any overtime not paid?
Remember: In California, if you miss a rest break, then you’re entitled to one hour’s pay for that day. You’re entitled to a 10 minute rest break every 4 hours of work. A break, by the way, is not when you use the restroom. A break would be if you went outside to walk around the block. Or to the coffee room, to discuss what you saw on TV last night. So if you missed a break every day? You should be calling us.
Or do you have any other comments about your working there or anyplace you worked? If so, call 626.795-0205 and we’ll be glad to talk with you. Or email us at tom@falveylaw.com. Thanks for your help. We look forward to hearing from you.
Update: October 1, 2018 – We are Set to Mediate the Case Soon! Can You Help?
If you worked for the Korea Times in Los Angeles during the past six years and you’ve been meaning to help us with this case, now is the time to do so.
Since we filed our case, we took the depositions of Michael Chang and Brian Jun.
As a result of our efforts we’ll be going to mediation in a matter of weeks, in hopes of settling this case.
If you worked for the Korea Times in the past six years, did any of the following happen to you?
Did you work more hours than you were scheduled for the day – and not get paid for it? You are probably owed back wages if that happened.
Did you work more than 8 hours in a day or 40 hours in a week? If so, you are probably owed overtime.
Take a look at your earnings statements and check whether you were paid overtime when you know you worked more than 8 hours in a day or 40 hours in a week. If you can, please send us copies of those earnings statements to help us in our mediation.
You were entitled to a half-hour uninterrupted – with no work being done at all – meal break if you worked more than 5 hours in a day. Did you get that? If not, you may be owed ONE HOUR’s PAY for each day you missed such a break.
You were ALSO entitled to a TWO ten minute uninterrupted breaks – with no work being done at all – if you worked 7.5 or more hours in a day. Did you get that? If not, you may be owed ONE HOUR’s PAY for each day you missed such a break in addition to the hour for missed meal breaks!
If these things or anything else you felt was unfair happened to you when you were employed by the Korea Times – or any other employer – please contact us now!
Any questions or comments or suggestions about Korea Times or anyplace you worked? If so, call 626.795-0205 or 818-547-5200 or email tom@falveylaw.com.
Thanks very much. We hope to hear from you soon!
Plaintiff’s Allegations – Kim v The Korea Times
On December 9, 2016, our firm filed a proposed class-action lawsuit in Los Angeles County, case no. BC 643503 , against The Korea Times, Inc., on behalf of all hourly employees who worked for that company, both in Northern and in Southern California since December 9, 2012. A copy of the complaint is attached here.
In her lawsuit, Ms. Kim, the Plaintiff (the person who is suing) contends that the Korea Times did not comply with the requirements under California law for payment of wages. If successful, a class action allows former and current employees to receive back wages that are owed to them.
In particular, we believe that the earnings statements (paystubs) provided by the Korea Times to its employees were prepared contrary to California Labor Law. If that is found to be true, and our case is successful, then all possible class members may receive payment in regard to those wrongful earnings statements.
The earnings statements don’t reflect that any meal periods were provided. In case you didn’t know this, with rare exception, if you’re scheduled to work six hours or more, and aren’t able to take a 30-minute uninterrupted meal break after five hours work, you’re owed one hour’s pay – for each day that happens.
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 employed as an hourly employee of The Korea Times in California since December, 2012, we would like to speak with you.
Have you saved your earnings statements or paystubs during the past few years?
If so, we’d appreciate your sending us copies. Perhaps you have schedules, receipts, timesheets, or other documents in addition to paystubs or earnings statements you received from The KoreaTimes. If so, we’d like to see those as well.
Feel free to send us anything which you think would help our case.
Maybe – on your current or old phone – you still have texts from The Korea Times telling you what to do or where to go that you’d let us see and copy.
Maybe you have pictures of where you worked, or how early or late you were working – on Sundays, for example.
If you have emails or manuals from anyone at the Korea Times, we’d like to see those as well.
Please contact us as soon as you can by calling our office at 818-547-5200.
You may also email us at tom@falveylaw.com.
Think of this. Every once in a while, people send mail to us, enclosing items they think might be helpful, with no return address, so that their identity can be kept secret. Maybe you’d want to do that.
Thanks for any help you might provide us, even if we never know your name.
Law Offices of Thomas W. Falvey 