Ornelas vs. Tapestry, Inc.

Update: August, 2022 – Motion for Final Settlement Approval HAS BEEN GRANTED!  

Thus, if you believe you are a class member in this case, you should be receiving payment sometime this month.

If you do not get that payment, it may be that Tapestry did not have your most recent address, or that you moved, or it was misaddressed, or that the payment was lost in the mail.

Please understand that it’s up to you to follow up on obtaining any payment due you as a result of this class action settlement.  We do not know how much you are to receive, nor what address might currently be on file for you.  The mailing is to take place later this month.

If you are a class member and you don’t get a check this month, here’s what we recommend you do. The third party administrator in charge of distribution of the funds is Simpluris.  Please contact Mary Butler, Senior Project Manager for this case at Simpluris, by calling her at 714-640-5607.  If you can’t get through by calling, you can also email her at mbutler@simpluris.com.  Tell her you didn’t get your payment. 

Thanks very much for your patience in helping us see this matter through to a very successful conclusion.  Should you feel it necessary, call our office if you have any questions regarding any other employment matter you might have now, or have had in the past.  Whether it relates to your current or some other job, perhaps we can assist you, your friends or family in that regard as well.  Call us at 626-795-0205 or 818-547-5200.  Or feel free to email us at Tom@falveylaw.com.    

We wish you the very best.

Update: January 26, 2022 – Notice of the Pendency of Settlement

By now class members should have received a Notice of the Pendency of Settlement from a company by the name of Simpluris concerning this case.  It covers the time period of September 4, 2014 through November 23, 2021.

On that notice, it should include the number of workweeks that the defendant alleges were worked at a Stuart Weitzman store during that period.  It may be right; it may be wrong.  Please be sure to review it to confirm that it’s got your correct number of weeks worked.

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, you will need to contact a company called Simpluris at 888-369-3780 as soon as possible to update your contact information. Forms for potential class members were sent out by Simpluris on December13, 2021 and the Simpluris case manager is Jessica Delgado.

Update: August 21, 2021 – Court Certifies Order Regarding Class Action!

We just got the order signed by the judge, approving the notice which is going to be sent out to class members in this case.

If you believe yourself to be a class member, be sure to watch for this notice!

If you have any questions, of course, you can call us at 626-795-0205 or 818-547-5200, or write us at tom@falveylaw.com.

We hope this helps each of you who may be a participant.

Update: April 16, 2021 – Motion for Class Certification Filed On Behalf of almost 200 employees of Tapestry!

In July, the Court is scheduled to be ruling on our motion to have our class of Tapestry employees who weren’t paid for the time while waiting at or going through security checkpoints. 

Were you one of the almost 200 (or maybe even more!)  current and/or former retail non-exempt (hourly) employees who had to go through security checks when coming into work, going to and returning from lunch, and when leaving the store for the day?

Did you work at the Beverly Center as a retail employee? Or at the Topanga Mall or the Beverly Hills Store?  Or at El Paseo?  How about at the Valley Fair store, or in Cabazon or Palo Alto?

If so, it would help us and the case if you would contact us.   You can either call the office at 626-795-0205 or 818-547-5200.  Or you can email us at tom@falveylaw.com with your contact information, along with any details about employment there that you think might help.

I’ve attached a copy of our Motion for Class Certification here.  It will give you a better idea of what we’re expecting to prove and why we think so many people are entitled to back pay.  You might even find it useful if you no longer work at Tapestry.

Thanks for any help you can provide.

Update: February, 2020 – California Supreme Court Rules in Favor of Employees’ Time Spent Going Through Security Checkpoints.

The case, Frlekin v Apple, Inc, recently decided by our California Supreme Court, holds that the time spent going through security is time which the employer must pay for as part of the employee’s wage.

If you were required to have your bags or purses or coats, etc., checked, either upon leaving the store or returning to it, you are owed money for that time – if you had to check out before going through that line..  

IN PARTICULAR, if you didn’t get a full 30 minutes for a meal break (after 5 hours’ work and ALSO after 10 hours’ work), then you are probably owed a meal break premium payment of one hour’s wage.

The same is true if you missed a rest break.  A rest break is 10 minutes of totally uninterrupted time.  So if you wanted to leave the store and your break was shortened for a bag check, if you didn’t get the full 10 minutes break, you would also be owed one hour’s wage for that as well!

You’re entitled to a 10-minute rest break about every 3.5 hours.  So if you worked 10.5 hours or more, and you missed one of those rest breaks, you’d be owed that hour’s wage.

Want to help us?  Call us at 626-795-0205 or write us at Tom@falveylaw.com.  Have schedules?  Timesheets?  Texts or emails talking about security checks or overtime or breaks?  Pictures of security lines?  Please send them our way.

Thanks in advance for doing yourself and your fellow employees the favor.

Update: July 1, 2019 – Case Stayed (put on hold) Pending California Supreme Court Decision

We expect that many of you have been wondering what’s happening in regard to this case.

In February, the court put a hold on our case, to see how the California Supreme Court ruled in another case altogether.

While we were scheduled to have a hearing on July 11, 2019, we don’t expect anything to happen until after the California Supreme Court makes its decision.

In the meantime, if you worked for Tapestry, Kate Spade, Stuart Weitzman Retail or Coach in California since August of 2014, please call us.  We need to know of as many class members as possible, in order to prosecute our case.  You can email me at tom@falveylaw.com or call the office at 626-795-0205.  We’d love to hear from as many employees at as many stores as possible.

And if you have any documents, e.g., schedules, texts, time sheets, earnings statements, anything relating to the time you worked or expenses you incurred, we’d be glad to see them.

Tapestry Class Action Filed: August 31, 2018

Our office joined with Boyamian Law in filing both a Class Action and a Private Attorney General Action (“PAGA”) against Tapestry, Inc. (hereafter,  “Defendant”) for work done at Tapestry locations in California for various matters relating to unpaid wages arising out of his employment.  The case is on behalf of Sales Employees who worked at Kate Spade, Coach and/or Stuart Weitzman retail store locations in California during the Class Period of August, 2014 and forward.

The Class Action goes back to the end of August of 2014, four years before the filing of the complaint.  The PAGA case only covers time worked going back to a year before we filed with the Labor Workforce and Development Agency (so it covers from August 31, 2017 forward).

The Plaintiff Sales Associate worked at a Stuart Weitzman retail (Tapestry)  Store in Canoga Park (Los Angeles County) for Defendant.  By this lawsuit, he seeks to represent those current and former Sales Associate  employees who worked at other like institutions operated by the Tapestry in California during that time period.

We allege that the Tapestry failed to provide payment for all wages due, including minimum wage and overtime, and failed to provide adequate meal and rest periods.  For each such missed meal and rest break, those employees were entitled to one hour of pay per day (i.e., 2 hours total per day).  As a result, if our allegations are correct, Defendant  likewise failed accurately report all wages earned, and hours worked.

At this point you can do one of several things if you worked in such a capacity for Coach, Kate Spade or Stuart Weitzman since August of 2014.  You can help us by calling or emailing us, and providing us with the names and telephone numbers and contact information of people with whom you worked there.  You can also provide us with copies of your work schedules and earnings statements, again going back to August, 2014.

If you do want to do something to possibly help yourself and us in helping such employees, however, we ask you either call us at 626-795-0205 or 818-547-5200.  You might also wish to email us, and you can do so at tom@falveylaw.com.  

If you’re really of a mind to help us in our case, please send along any documents relating to your working there such as handbooks, employee manuals, timesheets or texts or email, that kind of thing.  It’s happened before.  You never know how it might help now.

Thanks very much.  We hope to hear from you soon.