Update: November 8, 2021 – Second Round of Checks Going Out Soon!
If you drove and/or helped drivers for Macy’s and/or XPO in California beginning in December 2014 and any time since then, you might be a class member in this case.
By now, you should have received a claim form or letter regarding this case. ALSO, be sure to cash or deposit your check in the time set-forth in the documentation you will receive with the check.
But if you believe you’re a member of this class and you didn’t get a claim form yet, you need to contact Susanna Webb at KCC, the company which will be sending out the checks. That phone number is
866-604-4090
KCC is located at 462 S 4th Street, in Louisville, KY 40202. Ms. Webb’s email is Susanna.Webb@kcclic.com. If you call there, we recommend you make a note as to when you called, and with whom you spoke, and what you were told, so we might be better able to track the progress of payments. Additionally, if they ask you for proof of your hours or identification, only share copies of your documents. Please remember to ALWAYS keep your originals.
We are here to help if you need assistance. You can reach our office at 818-547-5200 or email us at tom@falveylaw.com.
Update: December 7, 2020 – Distribution now scheduled to take place later this month.
We know that many of you have been calling, asking about the delivery of the checks, and we apologize for the delay.
Because of various circumstances, we’ve been informed that payments will probably not go out to class members until sometime later month, i.e., in December. If you got a claim form or letter regarding this case, be sure to watch for your check. ALSO, be sure to cash or deposit it, etc., in the time set forth in the documentation you will receive with the check.
If you believe you’re a member of this class, and you didn’t get a claim form yet you need to contact Susanna Webb at KCC, the company which will be sending out the checks. That phone number is
866-604-4090
KCC is located at 462 S 4th Street, in Louisville, KY 40202. Ms. Webb’s email is Susanna.Webb@kcclic.com. If you call there, we recommend you make a note as to when you called, and with whom you spoke, and what you were told, so we might be better able to track the progress of payments.
Thanks very much for your patience. We truly hope that what we’ve been told will take place within the next 2-3 weeks.
Update: September 7, 2020 – Labor Day! Final Approval ORDER Granted by Court!
We’re pleased to announce that the court gave us final approval of our settlement of this case late last month.
Because of requirements of the settlement, payments will probably not go out to class members until sometime next month, i.e., in October. If you got a claim form or letter regarding this case, be sure to watch for your check. ALSO, be sure to cash or deposit it, etc., in the time set forth in the documentation you will receive with the check.
If you believe you’re a member of this class, and you didn’t get a claim form yet you need to contact Susanna Webb at KCC, the company which will be sending out the checks. That phone number is
866-604-4090
KCC is located at 462 S 4th Street, in Louisville, KY 40202. Ms. Webb’s email is Susanna.Webb@kcclic.com
AND, IF YOU KNOW OF ANYONE WHO MIGHT BE IN THE CLASS who may not be aware of this case, we urge you to have them contact Ms. Webb at that number as well as our firm at either 626-795-0205 or 818-547-5200.
Also, if you have any questions about the check which may have come to you, please contact KCC at the number above.
For all of you who have helped make this settlement possible, and who helped us as we worked through obtaining this Final Approval, we thank you for your time and help in doing so.
If you have any questions or comments, please call 626-795-0205 or 818-547-5200.
Or you can email me at Tom@falveylaw.com.
UPDATE: January 28, 2020 – NEW NUMBER TO CALL
If you believe you are a class member and have not yet gotten a claim form, call the toll free case help line at 1-866-604-4090.
Bi-lingual speakers are available. Also, you should be able to leave a message if you call after hours or if staff is not available.
If not, let us know. Thanks very much.
Update: October 30, 2019 – Motion for Preliminary Approval GRANTED!
Yes!! The court has granted our motion for preliminary approval of settlement of this case.
Please be patient, however. The hearing on the Motion for FINAL Approval will not take place until next year, as shown on the attached order of the Court.
If you believe you’re a member of this class, you should be getting a CLAIM FORM regarding the settlement sometime in late November or December, 2019) from KCC Class Action Services, the company handling the claims for this case.
If you believe you’re a member of this class, and you haven’t gotten a claim form yet you need to contact Zachary Cooley, at KCC, phone no. (502) 301-6305. If that number doesn’t work, try 502-301-6271 and ask for Susanna Webb or try 502-301-6000. KCC is located at 462 S 4th Street, in Louisville, KY 40202. Mr. Cooley’s email is: Zachary.Cooley@computershare.com. Ms. Webb’s email is Susanna.Webb@kcclic.com
If you don’t receive such a notice, it might mean your notice was misaddressed, or lost in the mail, or for some reason you weren’t included in the mailing.
So if you don’t get such a notice by December, 2019, feel free to call our office at either 626.795.0205 or 818-547-5200, or email us at tom@falveylaw.com.
Likewise if you know of anyone else who should be getting a notice, but might have moved, let them (and us) know, or have them call us and we’ll be glad to help.
UPDATE: September 15, 2019 – GOOD NEWS MAY BE COMING OUT SOON!
For all of you who have been calling and emailing, PLEASE KEEP DOING SO!
Your help and providing us information and documents on this case have really moved it forward.
But listen to this: If Macy’s or XPO doesn’t have your address you may not get a check if we are successful!
Perhaps you’ve moved. Maybe Macy’s or XPO never had your address at all. We know of some of you, but it might help you and it may well help our case for you to contact us.
Or has anything happened to you or anyone else for complaining about your pay or breaks or working conditions, whether at XPO or Macy’s or a new job if you’ve moved on? Let us know!
Thanks again. We hope to hear from you or anyone else who worked there whenever you have a chance.
UPDATE – September 29, 2018
This case has taken longer than we expected because our case has been combined with two other cases.
HOWEVER, we are planning to be mediating this case late next month and/or early in November – for possible settlement!
You can still help us with this case! If you drove and/or helped drivers for Macy’s and/or XPO in California beginning in December, 2014 and any time since then you might be a class member in our case.
Macy’s and XPO claim these people were not employees. The claim these drivers and helpers are independent contractors. We think the facts will prove otherwise. If we’re right, this will benefit all who drove and/or helped drivers for the work done in delivering Macy’s furnishings as set forth herein.
This is what happens when one does the work of an employee, BUT isn’t called an employee. You don’t get taxes taken out. You don’t get a breakdown of how much goes to social security, etc. In fact, such companies don’t even pay anything toward social security or state or federal taxes at all. So you’d have to pay it all.
If you worked for Macy’s and/or XPO as a Driver or Helper in the State of California Northern California since January, 2015 you can do yourself a favor by getting in touch with us. Your help might help yourself and lots of people in that mediation NEXT MONTH!
Please call us at 626.795.0205 or 818-547-5200 or email us at tom@falveylaw.com. You can also mail us at 550 North Brand Blvd., 15th Floor, Glendale, California, 91203.
Here’s what we would really like to know. How many hours were you actually working – even if you were stuck someplace waiting for another truck or a delivery or whatever else – on average, each day.
We’d also like you to send us copies of any checks or 1099s you got from Macy’s or XPO OR ANYONE ELSE when you were doing that work.
If you have ANY documents relating to your job there, such as copies of checks, delivery orders, schedules, pictures of uniforms, nametags, anything you signed, pictures of trucks you drove, manuals, emails, letters, timesheets, schedules, instructions or anything else, it might help us and others to see them.
Thanks for all the help you can send our way AS WE AIM TO MEDIATE AND SETTLE THIS CASE.
Please call us right away at 626.795.0205 OR 818-547-5200 or email us at tom@falveylaw.com.
UPDATE
While the lawsuit against Macy’s and Eletto in Northern California has both settled and been given final approval, WE ARE STILL GOING AHEAD WITH A SIMILAR CLASS ACTION against Macy’s and XPO.
The difference between the two cases is that the Macy’s/Eletto case was for people who worked for Macy’s in NorCal as drivers and helpers up through December, 2014.
This case involves a proposed class-action lawsuit for northern California drivers and helpers who worked in Northern California focusing only on Macy’s and XPO Logistics LLC “XPO” (the Defendants).
Macy’s and XPO claim these people were not employees. The claim these drivers and helpers are independent contractors. We think the facts will prove otherwise, which we hope will benefit all who drove and/or helped drivers for the work done in delivering Macy’s furnishings as set forth herein.
This case is brought on behalf of people who worked as Drivers or Helpers for those Defendants in California at any time since January, 2015 in Northern California, and specifically Alameda County. The case was filed in Alameda County Superior Court as Case Number RG16821800 (a copy of the complaint is attached).
In this lawsuit, filed on behalf of the Plaintiffs named above and those people who worked at the same job, Plaintiffs claim that Macy’s and XPO did not comply with 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.
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 worked for Macy’s and/or XPO as a Driver or Helper in the State of California Northern California since January 2, 2015we would like to speak with you. Please call us at 818-547-5200 or email us at tom@falveylaw.com. You can also mail us at 550 North Brand Blvd., 15th Floor, Glendale, California, 91203.
If you are or were a Driver or Helper for those companies in Northern California since January, 2015, you can help yourself and all those other people who drove or helped deliver furnishings for Macy’s in this case. If you have any documents relating to your job there, such as copies of checks, delivery orders, schedules, pictures of uniforms, nametags, anything you signed, pictures of trucks you drove, manuals, emails, letters, timesheets, schedules, instructions or anything else, it might help us and others to see them.
Thanks for all the help you can send our way. Your call or email might go a long way toward helping all these Drivers and Helpers.
We hope to hear from you soon.
Case Filed – July 1, 2016
We hope and assume you were/are aware that our case filed against Macy’s and Eletto for Southern California was resolved by settlement which was given final approval by the court on June 29, 2015.
Just recently, however, on July 1, 2016, we filed a new proposed class-action lawsuit for northern California drivers and helpers who worked in Northern California, entitled Ramon Garcia, Victor Ramirez, Adrian Valente, Mario Nipon and Mynor Cabrera against Macy’s West Stores, Inc. “Macy’s”, Joseph Eletto Transfer, Inc. “Eletto” and XPO Logistics LLC “XPO” (the Defendants).
Macy’s and Eletto and XPO claim these people were not employees. The claim these drivers and helpers are independent contractors. We think the facts will prove otherwise, which we hope will benefit all who drove and/or helped drivers for the work done in delivering Macy’s furnishings as set forth herein.
This case is brought on behalf of people who worked as Drivers or Helpers for those Defendants in California at any time since July 1, 2012 in Northern California, and specifically Alameda County. The case was filed in Alameda County Superior Court as Case Number RG16821800 (a copy of the complaint is attached).
In this lawsuit, filed on behalf of the Plaintiffs named above and those people who worked at the same job, Plaintiffs claim that Macy’s and Eletto did not comply with 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.
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 worked for Macy’s and/or Eletto and and/or XPO as a Driver or Helper in the State of California Northern California since July 1, 2012 we would like to speak with you. Please call us at 818-547-5200 or email us at tom@falveylaw.com. You can also mail us at 550 North Brand Blvd., 15th Floor, Glendale, California, 91203.
If you are or were a Driver or Helper for those companies in Northern California in the past four years, you can help yourself and all those other people who drove or helped deliver furnishings for Macy’s in this case. If you have any documents relating to your job there, such as copies of checks, delivery orders, schedules, pictures of uniforms, nametags, anything you signed, pictures of trucks you drove, manuals, emails, letters, timesheets, schedules, instructions or anything else, it might help us and others to see them.
Thanks for all the help you can send our way. Your call or email might go a long way toward helping all these Drivers and Helpers.
We hope to hear from you soon.
Law Offices of Thomas W. Falvey 