TO: All individuals who personally performed deliveries in California from September 7, 2020 to December 1, 2022, that were arranged by Premier Last Mile, LLC (“PLM”), and who were (1) a “Contract Carrier” (who signed a Broker – Motor Carrier Agreement with PLM) or (2) a “Driver” or “Helper” (who did not sign a Broker – Motor Carrier Agreement with PLM).
On August 20, 2024, the Superior Court of the State of California for the County of Alameda, the Honorable Noel Wise presiding, granted preliminary approval of class action settlement, and correspondingly certified a class for settlement purposes only, in the lawsuit of Carlos Alchino v. Premier Last Mile, LLC, Case No. RG21097808. This means that Class Representative Carlos Alchino, through Class Counsel, has reached a settlement agreement with Defendant Premier Last Mile, LLC, on behalf of himself and all other putative class members, and that the Court has given an initial (though not final) approval of this settlement agreement. This also means that if the Court ultimately grants final approval of this settlement agreement, you will be entitled to a portion of its proceeds, though in exchange, you will have to give up certain legal rights that you may possess against Defendant Premier Last Mile, LLC, as well as Restoration Hardware, Inc., and all of these two companies’ former and present parents, subsidiaries and affiliated corporations and entities, and various individuals as set out more fully below. This proposed settlement concerns only the period of time from September 7, 2020 through December 1, 2022.
In this lawsuit, the Class Representative generally alleges that he and other Contract Carriers, Drivers, and Helpers who provided services out of PLM’s warehouse, located in San Leandro, California, were misclassified by Defendant as independent contractors (as opposed to being classified as employees), and were not paid overtime, or provided meal and rest breaks, as is required of an employer. The Court certified a class, though for settlement purposes only, for these overtime, meal and rest break, and related claims, for all Contract Carriers, Drivers, and Helpers providing services in the State of California from September 7, 2020 to December 1, 2022.
The parties disagree about whether Contract Carriers, Drivers, and Helpers are or were independent contractors or employees of Defendants. And even if the Court were to eventually decide that Contract Carriers, Drivers, and Helpers must be treated as employees under the law, the parties also disagree as to whether any wage and hour laws that protect employees have even been violated. The Court has made no rulings on the merits of any of the claims made in this lawsuit.
Your Legal Rights and Options | |
If you Wish to Remain in the Class | You do not need to do anything to remain in the class. IN ORDER TO RECEIVE A PAYMENT FROM THIS SETTLEMENT, THE ADMINISTRATOR OF THE SETTLEMENT MUST RECEIVE YOUR TAX IDENTIFICATION NUMBER WITHIN SEVEN DAYS AFTER THIS SETTLEMENT BECOMES EFFECTIVE. If you were a Contract Carrier, Driver, or Helper, you may use the verified claim form enclosed in the Notice to submit your tax identification number to the settlement administrator. If you remain in the class, and the Administrator has your taxpayer identification number, you will be mailed a settlement payment. In addition, you have the right to use the verified claim form to state, under penalty of perjury, the number of days you worked as a Contract Carrier, Driver, or Helper. Your settlement payment will be based upon the number you submit in the verified claim form, subject to a possible reasonable adjustment necessarily made after consultation among the Settlement Administrator and counsel for Defendant and Plaintiff. If you were a Contract Carrier, Driver, or Helper and you do not submit a verified claim form, and if the settlement administrator already has your tax identification number, your settlement payment will be paid from any remaining settlement fund available for distribution to Contract Carriers, Drivers, or Helpers and your settlement share shall be equal to all other Contract Carriers, Drivers, and Helpers who did not submit a verified claim form, if the settlement administrator does not otherwise have information regarding the number of Workweeks you worked for Defendant. If you do not opt out of the settlement, you shall be subject to the applicable Class Released Claims. |
Your Right to Opt Out of this Lawsuit and Settlement | You have the right to opt out of this case and corresponding settlement. If you choose to opt out, you will not be eligible to recover settlement proceeds from this lawsuit for the Class Released Claims should the Court uphold the settlement agreement, and you will not be subject to the release. If you opt out, you will be entitled to pursue your own court action, if you wish, subject to the applicable statute of limitations. You will not be rewarded or punished in any way based on your decision to remain as a class member or opt out, regardless of whether or not you still provide services out of the PLM warehouse located in San Leandro, California. However, you will not be able to opt-out of the LWDA Release which encompasses all claims and allegations set forth in the LWDA Notice of May 3, 2021, sent by Class Counsel to the California Labor & Workforce Development Agency (“LWDA”). The LWDA Notice set forth claims against Released Parties for alleged violations of the California Labor Code; the Wage Orders of the California Industrial Welfare Commission; and California Business and Professions Code §17200 et seq. on behalf of the LWDA. The LWDA Notice may be found at https://cadir.my.salesforce-sites.com/PagaSearch using LWDA number LWDA-CM-831044-21. |
Your Right to Object to This Settlement | You can ask the Court to deny approval of this settlement by filing an objection. You cannot ask the Court to order a larger settlement; the Court can only approve or deny the settlement. If the Court denies approval, no settlement payment will be sent out to you or other Class Members and the lawsuit will continue. If that is what you want to happen, you must object. You may object to the proposed settlement in writing. You may also appear at the Final Approval Hearing, either in person or through your own attorney. If you appear through your own attorney, you are responsible for paying that attorney. |
Upcoming Important Dates
Dispute Deadline
11/22/2024
Claim Deadline
11/22/2024
Opt Out Deadline
11/22/2024
Objection Deadline
11/22/2024