IF YOU ARE ONE OF THE HUNDREDS OF FORMER OR CURRENT HOURLY EMPLOYEES WHO WORKED AT ANY OF THE 8 BCD TOFU HOUSE RESTAURANTS OPERATED IN CALIFORNIA, AT ANY TIME DURING THE PERIOD OF MARCH 20, 2009 TO DECEMBER 31, 2014, AND SUBMITTED THE REQUIRED CLAIM FORM, WE ARE PLEASED TO REPORT THAT THE COURT HAS GRANTED FINAL APPROVAL OF THE CLASS ACTION SETTLEMENT AND ON NOVEMBER 2, 2015, CHECKS WERE MAILED TO THE HUNDREDS OF BCD TOFU HOUSE EMPLOYEES WHO SUBMITTED CLAIM FORMS IN THE 3 MILLION DOLLAR SETTLEMENT.
IF YOU DON'T RECEIVE YOUR CHECK WITHIN THE NEXT 7 TO 10 DAYS, PLEASE NOTIFY CLASS COUNSEL ASAP SO THAT ARRANGEMENTS CAN BE MADE TO TRANSMIT REPLACEMENT CHECKS TO YOU.
On March 20, 2013, a class action lawsuit was filed by workers on behalf of all hourly employees (servers, cooks, busboys, etc.) against the owners and operators of the 8 BCD Tofu House restaurants operated in California.
On May 5, 2015, the Court granted FINAL APPROVAL of the up to three million dollar ($3,000,000) settlement with the owners of the BCD Tofu House restaurants to settle the claims asserted in the class action.
HUNDREDS OF EMPLOYEES SUBMITTED THEIR CLAIM FORMS! WELL OVER ONE AND A HALF MILLION DOLLARS WERE CLAIMED BY THOSE EMPLOYEES.
Claim Forms went to the independent company, CPT Group, which was appointed by the Court to send and receive the Claim Forms. Claim forms did not go to BCD. Tax filings regarding your settlement payment were prepared by CPT Group, not BCD Tofu House. If you have any questions regarding your settlement check, contact CPT Group IMMEDIATELY. English, Korean and Spanish speaking personnel are waiting to assist you. Toll Free Telephone: 1-866-531-0056; E-mail: ani@cptgroup.com (Se Habla Espanol) CPT Group, Inc.: 16630 Aston Street, Irvine, CA 92606; OR by Fax: 949-419-3446, OR by email: classmemberquestions@cptgroup.com.
The lawsuit sought unpaid wages and other damages on behalf of all non-exempt individuals employed at a BCD Tofu House restaurant owned by Defendants in the State of California at any time during the period of March 20, 2009 through December 31, 2014, excluding those: (i) those who have a pending lawsuit against Defendants (other than the Plaintiffs in this lawsuit) asserting one or more of the Released Claims; and/or (ii) who have executed, and been provided separate consideration for, a release of one or more of the Released Claims.
Specifically, the lawsuit sought unpaid minimum wages, overtime wages, and other damages on behalf of the approximately 1,500 hourly employees who worked at one or more of the BCD Tofu House restaurants owned and operated in California and who experienced one or more alleged violations of California labor law, including:
(1) BCD Tofu House's failure to pay minimum wages for all hours worked;
(2) BCD Tofu House's failure to pay all earned overtime wages;
(3) BCD Tofu House's failure to pay employees one additional hour of minimum wage when the employee is required to work a split shift which is where the employee works more than one shift on a given day and the shifts are separated by more than one hour;
(4) BCD Tofu House's failure to provide half-hour, uninterrupted, meal breaks during shifts in excess of 5 hours;
(5) BCD Tofu House's failure to permit paid ten minute, uninterrupted breaks during shifts of 3.5 hours or more;
(6) BCD Tofu House's failure to pay one hour of premium pay for each work day that an earned rest period is not permitted and/or a meal period is not provided;
(7) BCD Tofu House's failure to pay the hourly employees all of their earned minimum wages, split shift wages, overtime wages, and premium pay at the time they are discharged or quit;
(8) BCD Tofu House's failure to provide wage statements which accurately show all hours worked and all lawful deductions;
(9) BCD Tofu House engaging in Unlawful Business Practices; and
(10) Pursuing penalties on behalf of the employees under the Private Attorney General Act against BCD Tofu House.
