Temco Logistics $1M Settlement for CA Labor Violations

If you worked as an employee or independent contractor delivery driver or delivery helper for a labor contractor that performed deliveries for Home Express Delivery Service, LLC (doing business as Temco Logistics) in California between April 17, 2019, and November 21, 2023, you may be eligible to claim a monetary award from a class action settlement.

Home Express Delivery Service, LLC has agreed to pay $1,000,000 to settle a class action lawsuit for alleged violations including failure to provide meal and rest periods, failure to pay minimum and overtime wages, failure to pay wages due upon separation, failure to provide accurate wage statements, and unfair competition.

Who can submit a claim?

To be eligible for a claim, you must meet the following criteria:

• You worked as an employee or independent contractor delivery driver or delivery helper for a labor contractor that performed work for Home Express Delivery Service, LLC (doing business as Temco Logistics) in California.
• Your work period must fall between April 17, 2019, and November 21, 2023.

Additionally, you may be eligible for an extra payment if you worked between March 6, 2022, and November 21, 2023, known as the PAGA Period.

How much can class members get?

The settlement amount will be distributed based on the number of workweeks you worked during the specified periods.

Class members will receive their share based on the number of workweeks they worked during the Class Period and PAGA Period.

Is proof required to submit a claim?

Yes, claimants need to provide proof to claim an award:

• Your name, address, telephone number, and the last four digits of your Social Security number
• The case name and number: Lopez v. Home Express Delivery Service, LLC, Case No. 23CV031371
• The names of labor contractors you worked for making deliveries for Home Express Delivery Service, LLC
• The dates you worked for these labor contractors
• Your signature under penalty of perjury

How to claim an award

To claim an award, you can file a claim online when the portal goes live.

You can file a claim today by sending the completed paper claim form by mail to:

Lopez v. Home Express Delivery Service Settlement Administrator

c/o Simpluris, Inc.

P.O. Box 26170

Santa Ana, CA 92799

How do I get paid?

Once your claim is approved, a check will be mailed to your provided address.

How is the $1M settlement fund distributed?

• Settlement Administration Costs: Up to $40,000
• Class Representative Incentive Payments: $10,000 each for Saul Lopez and Samuel Lopez
• Attorneys' Fees and Costs: Up to 33 1/3% of the Gross Settlement Amount plus actual litigation expenses up to $5,000
• PAGA Penalty Payment: $50,000, with 75% ($37,500) going to the LWDA and 25% ($12,500) to be distributed among class members
• Individual Settlement Shares and PAGA Shares for class members

Important dates

• Deadline to File a Claim: September 3, 2024
• Final Approval Hearing: September 26, 2024

When is the Temco Logistics payout date?

The awards will be paid within fifteen (15) business days from the date the Court approves the settlement.

The final approval hearing on September 26, 2024, after which the settlement payments will be distributed to eligible class members.