Whitten v. Rite Aid

Update: December, 2022 – Whitten v Rite Aid – Distribution of Checks

Happy holidays and we hope you and your family are safe and well.

On December 12, 2022, checks were sent out to class members of this case. BUT the checks are only good until June 10, 2023.

If you have not received a check and you believe you are a member of this case, or if you believe that they don’t have your accurate employment history, we suggest that you should contact Simpluris at 800-779-2104 as soon as possible.  You can also reach out to Denise Islas, Director of Client Services at Simpluris, at 714-640-5622 and dislas@simpluris.com.

Simpluris handles all determinations regarding distributions in this case.

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 IMMEDIATELY contact Simpluris at either of those numbers. 

Again, for all of you who have helped make this settlement possible, we thank you for your time and help in doing so.

 If you have any questions or comments, we’d be happy to talk to you at 626-795-0205 or 818-547-5200.  Or you can email me at Tom@falveylaw.com.  Also, should you be having any problems at work now, no matter where you’re employed, please feel free to contact us for those matters as well.

Best wishes to you and your family,

Update: July, 2022 – Class Notice Has Been Mailed Out!

The Notice to Class Members of the Settlement of this case was mailed out last month by a company named Simpluris, in both English and Spanish.  If you believe you are a class member, you should have gotten that notice, which gives explicit directions as to what you are to do or not do to protect your interests.

If you did not get such a notice, we recommend you must immediately contact Simpluris, which is the Third Party Administrator in charge of handling the notices for this case.  

The Senior Project Manager at Simpluris for this case is Cassandra Polites, who can be reached at 714-640-5624, and/or at cpolites@simpluris.com. She is in charge of the handling of this case for Simpluris.

If you didn’t get such a notice it may be due to your having moved, or misdelivery of the notice, or because the company had a wrong address for you.  

NO MATTER WHAT THE REASON, if you think you are a class member, and you did not receive the notice, then you must contact Simpluris if you didn’t get that notice to ensure that you are included as a class member if that is the case.

You may also contact us at 626-795-0205 or 818-547-5200 or by writing tom@falveylaw.com.

Update: April 8, 2022 – Motion for Preliminary Approval Granted by the Court!

We’re pleased to announce that the Motion for Preliminary Approval in this case was granted last Friday.

Within the next month, class members should be getting a notice of this case from a company by the name of Simpluris.  If you believe you are a class member and you don’t receive any such communication by early June, you should contact Simpluris at 800-779-2104.  Simpluris handles all determinations regarding distributions. You can also reach out via e-mail to Cassandra Polites (cpolites@simpluris.com) and Desirae Burton (dburton@simpluris.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 IMMEDIATELY contact Simpluris at that number.  Similarly, if you have any questions about the notice which comes to you, please contact Simpluris at the number above, or you can call us at 626-795-0205.

Thank you to all of those who helped make this settlement possible!

Update: September, 2021 – Settlement May Be Announced Soon!

We believe we’ve arrived at a settlement of this case and are hoping to provide you with the details of the case in the very near future.

In the meantime, if you feel you may be a class member, be sure to watch for announcements as to when documentation may be mailed out to the members of the class.

Update: April, 2020 – No Mediation Yet

Rite Aid is still stalling.  One excuse after another.  We were originally supposed to complete this mediation a year ago.  But Rite Aid always has another reason why it’s not ready to move ahead.

So.  Please keep calling and emailing and giving us information.  If you worked in Rite Aid’s warehouse in Lancaster, you know how long it took you to wait in line to go through security to go out the door.  You know how long it took for you to walk to the lunch/break room – the only place you could take a break.

We can use your help.  The more of you that provide us information, the better we can present our case.

AND – Is this happening to you or someone you care about?  All of a sudden, in the last month or two, being fired for no (or a made-up) reason at all?  Or told the job doesn’t exist any more – when it does?  Call us!

Thanks.  We look forward to hearing from you.  And Be Safe!

Update: July 15, 2019  – We’re Trying To Mediate – You Can Help!

Four months ago, the court ordered us to complete mediation on this case by the middle of August, 2019.  

Since then, Rite Aid has stalled and stalled, and now wants to put the mediation off until next year – when this case was filed over two and a half years ago!

We’ve taken the depositions of Lana Harper, Roger Ceballos and Michael Peters.  Did you work for them?  Talk to them about your hours or breaks?  Anything you think we should know about them?  Have they left Rite Aid?

What about this?  Have you ever worked as an Inbound or Outbound Associates, Case-pick, or Replenishment Associate for Rite Aid in its Warehouse in Lancaster since February, 2013?

Did you ever discuss how much time it took for you to get to or from the break room from where you worked?  

Or how much time it took to go through the line to get out of work?

We’ve been told that there were about 500 hourly employees working at the Lancaster Warehouse during that time.  Does that sound right?  Do you think it was more?  Do you have the names and/or addresses or phone numbers for any of those employees you can send us?

By any chance do you have any photographs of the interior of the warehouse in Lancaster?

You get the picture.  You might be able to help.  Be creative!  Help us and help your fellow employees!  Thanks

Update: April 16, 2018 – Watch for our Letters!

We finally got a list of all the people Rite Aid thinks could be class members if our case is successful.

So we’ve started writing all of you in that group – over 700 of you – and we want to make sure you know whether Rite Aid has remembered to include your name, along with a correct address.

This actually happens.  People’s names get left out of such lists.  Why that happens doesn’t matter.  It just does, from time to time.

So please look for a letter from our firm in the next week or so.  It’s only a page long.  It will explain the case a little better.  But it’s our way of letting you know that we know that you might be part of the case.  When you get it, please call us and give us your telephone number, so we can call you, should that become necessary.

Look at it like this.  If you don’t get a letter, that means one of four things:

  1. The letter got lost in the mail or
  2. It was misaddressed (maybe you moved, or the number was mis-typed) or
  3. Your names wasn’t included or
  4. The dog ate it (thinking it was homework, maybe).

NO MATTER WHAT, if you believe you’re part of this case and you don’t get a letter from us, do us and yourself a favor!  Call us!  

We may not succeed in this case.  But if we do, the class members may well be entitled to back pay!

So call us at 818-547-5200 if that happen.  Or email us at tom@falveylaw.com for any other reason related to your employment or any issue you think involves violation of your rights as an individual.  Thanks very much.  We hope to hear from you.

Update: April 22, 2017 – Information Regarding the Woodland Warehouse for Rite Aid

Do you know someone who worked there?

Or did you work there?  

If so, we’d be very grateful if you would call us as soon as you can.  Rite Aid is making some claims that we need to investigate.

So if you worked for the Woodland Warehouse (just east of Sacramento) in the past four years or so, your contacting us by email (tom@falveylaw.com) or calling as 818-547-5200 might be very helpful to this case and your fellow employees.

Thanks for whatever help you can provide.

We hope to hear from you soon.

Class Action Filed January 11, 2017 on behalf of Rite Aid Warehouse Workers for Unpaid Wages and More!

Our firm has joined with the Law Offices of Alex Hartounian in filing a class-action lawsuit against Rite Aid Corporation, 660 Thrifty Payless and Thrifty Payless, Inc. (hereafter referred to as “Rite Aid” or “Defendants”).  It seeks to aid hourly employees of Rite Aid who are working, and/or who worked at its distribution warehouses in California at any time during the four years preceding the filing of the lawsuit on January 11, 2017.

The case was filed in Los Angeles County Superior Court, as Case No. BC 646398 (a copy of the complaint is attached). In this lawsuit, filed on behalf of himself and all others who worked for Defendants, Plaintiff Whitten contends that Rite Aid did not comply with California law for payment of wages and providing meal and rest breaks. He also contends that Defendants failed to provide accurate earnings statements, and, when required, failed to pay waiting time penalties.   If successful, a class action allows former and current employees to receive back wages and other damages and penalties that are or may be due them.

Rite Aid has not yet responded to the complaint filed. 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 Rite Aid in California since January, 2013, 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.

Help us out!  If you worked in one of Rite Aid’s warehouses, give us a call!  Thanks very much.