Frequently Asked Questions

1. Why Have I Received the Notice?

You have received the Notice because, according to Defendant’s records, you are a member of the class, which has been certified for settlement purposes only, of Contract Carriers, Drivers, and Helpers (described specifically below). The notice explains that there is a settlement agreement that may affect you. You have legal rights and options that you may exercise in lieu of participating in this settlement. In addition, if the Court does not give final approval of this settlement agreement, you also have legal rights that may be exercised as this lawsuit would then continue to move forward.

2. What Class Has Been Certified?

The Honorable Noel Wise has certified the following Class for settlement purposes only:

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).

3. What Happens Next?

The Court has not determined whether this lawsuit should proceed as a class action; the Court is only treating this lawsuit as a class action for purposes of this settlement agreement. If the Court does not approve this settlement agreement, it will then rule on whether, and to what extent, this lawsuit should proceed as a class action. There is no trial date currently scheduled.

4. What if I 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.

The Class Released Claims states that you, on behalf of yourself and your assigns, successors, heirs, executors, administrators, representatives, and any entities for which you acted, shall and do hereby forever release, discharge, and agree to hold harmless Defendant Premier Last Mile, LLC, and its former and present parents, subsidiaries and affiliated corporations and entities, and all of their current and former shareholders, members, agents, investors, investment bankers, accountants, insurers, reinsurers, attorneys, officers, directors, employees, general and limited partners, predecessors, successors, indemnitees and assigns, and any individual or entity that could be jointly or severally liable for the claims asserted in the operative complaint, including but not limited to Restoration Hardware, Inc. and its former and present parents, subsidiaries and affiliated corporations and entities, and all of their current and former shareholders, members, agents, investors, investment bankers, accountants, insurers, reinsurers, attorneys, officers, directors, employees, general and limited partners, predecessors, successors, indemnitees and assigns (collectively, the “Released Parties”) from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, penalties, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorney fees and costs), known or unknown, at law or in equity, whether concealed or hidden, whether under federal, state and/or local law, rule, statute, ordinance, regulation, constitutional law, common law, or other source of law, arising or occurring during the Class Period (collectively the “Class Released Claims”) which arise from or are related to the facts and claims alleged in the Action, from September 7, 2020 to December 1, 2022, including, but not limited to, the claim of misclassification or causes of action asserted in the Action. Without limiting the generality of the foregoing, this release shall include, but is not limited to, any and all claims arising from or related to facts and claims alleged in the Action during the Class Period for: unpaid wages including failure to pay minimum wage, straight time compensation, overtime compensation, and interest; failure to pay for all hours worked; failure to keep accurate wage statements; indemnification and reimbursement of business expenses; conversion; restitution; injunctive relief; failure to keep accurate records; unfair business practices; penalties, including recordkeeping penalties, wage statement penalties, minimum-wage penalties, statutory penalties, civil penalties, waiting-time penalties, and penalties under the Private Attorneys General Act; failure to provide meal and rest periods, and failure to provide meal and rest period premiums; failure to provide sick pay; failure to provide vacation pay;; interest; liquidated damages; punitive damages; and attorneys’ fees and costs. The Class Released Claims shall also include all claims arising from or related to facts and claims alleged in the Action during the Class Period under the California Labor Code (including, but not limited to, §§ 201, 202, 203, 204, 210, 218.6, 221, 223, 225.5, 226, 226.3, 226.7, 226.8, 227.3, 246, 510, 511, 512, 558, 1174, 1174.5, 1182.11, 1194, 1197, 1197.1, 1197.2, 1198, 2775 et seq., and 2802, and 2698 et seq.); the Wage Orders of the California Industrial Welfare Commission; California Business and Professions Code §17200 et seq.; the California common law of contract; the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq.; and federal common law. This release excludes the release of claims not permitted to be released by law. Class Members who opt-out in compliance with the terms of the Settlement shall not release any claims.

5. What if I Wish 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.

To opt out of this case, you must send the opt-out form attached to the Notice you received to Alchino v. Premier Last Mile, LLC, c/o Settlement Administrator P.O. Box 26170, Santa Ana, CA 92799 or via email to: info@AlchinovPremierLastMile.com stating that you have read and understood the Notice, and that you do not wish to be a member of the class, that has been certified for settlement purposes only, in this lawsuit. To be effective, your request must be postmarked no later than November 22, 2024.

6. What if I Wish 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. All written objections, supporting papers, and/or requests to appear the Final Approval Hearing must (a) clearly identify the case name and number, i.e. Carlos Alchino v. Premier Last Mile, LLC, Case Number RG21097808, (b) be submitted to the Settlement Administrator at Alchino v. Premier Last Mile, LLC, P.O. Box 26170, Santa Ana, CA 92799 or via email to: info@AlchinovPremierLastMile.com, and (c) be postmarked on or before November 22, 2024. Alternatively, you may file an objection electronically directly with the Court. You may find additional information regarding electronic filings for the Alameda County Superior Court at https://www.alameda.courts.ca.gov/online-services/e-filing.

7. Who Are Class Counsel?

The Court approved the law firm of Boyamian Law, Inc. as “class counsel”. If you have any questions regarding this class action lawsuit or the topics of the notice, or you want to communicate with lawyers appointed by the Court to serve as lawyers for the class, you can contact class counsel at:

BOYAMIAN LAW, INC.
550 N. Brand Blvd, Suite 1500
Glendale, California 91203
Telephone: (818) 547-5300
Fax: (818) 547-5678
Michael H. Boyamian, SBN 256107
Armand R. Kizirian, SBN 293992
E-mail(s):
michael@boyamianlaw.com
armand@boyamianlaw.com

In addition, you may access important case documents, including filings related to this proposed settlement, at the Important Documents page.

Finally, you may access case documents directly from the Alameda County Superior Court’s eCourt Public Portal located at https://eportal.alameda.courts.ca.gov/?q=node/388.

PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.