NOTICE OF PROPOSED CLASS ACTION SETTLEMENT

If you are or were an hourly non-exempt employee who worked at a BCD Tofu House Restaurant operated in California by WILSHIRE KINGSLEY, INC., IRVINE BCD, INC., FULLERTON BCD, INC., CERRITOS BCD, INC., TORRANCE BCD, INC., COLIMA ROWLAND HEIGHTS, INC., B.C.D. TOFU HOUSE, INC., BCD FOOD, INC., BCD RESTAURANTS, INC., or HEE SOOK LEE (collectively “Defendants”), at any time between March 20, 2009 and December 31, 2014, you may be entitled to receive a share of a proposed settlement of a class action lawsuit of up to three million dollars ($3,000,000).

I. WHY DID I GET THIS NOTICE?

The records of BCD indicate that you were/are an hourly non-exempt employee who worked at a BCD Tofu House Restaurant operated by BCD in California at some time between March 20, 2009 and December 31, 2014. This notice explains that for settlement purposes only, the court has allowed, or certified, a class action lawsuit that may affect your rights and that a settlement has been reached in that case. You have legal rights and options that you may exercise at this time. 

II. WHAT IS THIS CLASS ACTION LAWSUIT ABOUT?

Several workers (“Class Representatives”) employed at various BCD Tofu House Restaurants located in California and operated by Defendants during the period of March 20, 2009 and December 31, 2014, filed a class action lawsuit on behalf of themselves and their co-workers claiming that Defendants violated California labor laws allegedly by: not providing valid rest breaks and meal periods; requiring off-the-clock work; deducting money from paychecks for purported state and federal taxes and either not transmitting said withholdings to the taxing authorities and/or applying the withholdings to BCD’s own tax obligations; not paying all earned overtime; not paying all earned minimum wages; rounding down time worked; not paying split-shift wages; improperly pooling and/or converting tips; not returning money deposits and interest on said money BCD required for uniforms; failing to post an Industrial Wage Order in Korean and Spanish; not providing accurate pay stubs; and not paying all earned wages timely; failing to pay waiting time penalties; that these alleged violations constitute unfair business practices; and that civil penalties under the Private Attorney General Act apply to those claims. (the “Released Claims”)

Defendants deny any wrongdoing and contend that they were in compliance with all California labor laws. The Court has not ruled on whether the employees’ Claims have any merit. However, for the purpose of avoiding the time and expense of further litigation, the ultimate outcome of which is uncertain, and to provide fair and reasonable resolution of this legal dispute, the Class Representatives and Defendants have negotiated a settlement whereby Defendants have agreed to pay up to three million dollars ($3,000,000) to all hourly non-exempt employees who worked at a BCD Tofu House Restaurant operated in California by BCD at any time between March 20, 200  and December 31, 2014, to resolve all of the Released Claims. The settlement does not include: (i) those who have a pending lawsuit against Defendants 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. The Settlement is not an admission by BCD of any liability.

III. WHO IS INCLUDED IN THIS CLASS ACTION?

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 and 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.

IV. WHAT DOES THE PROPOSED SETTLEMENT OFFER?

A. Defendants will make available up to Three Million Dollars ($3,000,000) to settle the claims. A Claims Administrator has been appointed to administer the settlement. If approved by the Court, the proposed Settlement calls for the Claims Administrator to make the following distributions: 1. Available funds of almost two million dollars ($2,000,000) for individual payments to the Employees- Class Members; 2. Attorneys’ costs of the lawsuit requested from the Court of up to $50,000; 3. Expenses of administering the claims requested from the Court of up to $50,000; 4. An enhancement to the three class representatives for their work on the case requested from the Court of up to $5,000 each; 5. Attorney’s fees requested from the Court of up to $900,000; 6. Employers’ share of payroll taxes; and 7. Contribution of $30,000 to the State of California pursuant to the Private Attorney General Act.

B. Your individual share will be based on the number of pay periods you worked as a nonexempt hourly employee at a BCD Tofu House Restaurant operated by Defendants in California at any time during the period of March 20, 2009 and December 31, 2014. The amount of money you receive will be based on the number of pay periods you worked in comparison to the total number of pay periods worked by all of the class members.

C. Unless you request to be excluded from the Class, you will be bound by the terms of the settlement and you will release WILSHIRE KINGSLEY, INC., IRVINE BCD, INC., FULLERTON BCD, INC., CERRITOS BCD, INC., TORRANCE BCD, INC., COLIMA ROWLAND HEIGHTS, INC., B.C.D. TOFU HOUSE, INC., BCD FOOD, INC., HEE SOOK LEE, and BCD RESTAURANTS, INC., as well as their past or present directors, officers, shareholders, owners, operators, employees, partners, principals, members, managers, insurers, attorneys, parent companies, subsidiaries, related or affiliated entities, and their respective spouses, heirs, and beneficiaries of any and all liabilities, damages, penalties, and causes of action arising out of or in connection with the claims alleged in the operative pleadings of the Putative Class Action, including but not limited to: not providing valid rest breaks and meal periods; requiring off-the-clock work; deducting money from paychecks for purported state and federal taxes and either not transmitting said withholdings to the taxing authorities and/or applying the withholdings to BCD’s own tax obligations; not paying all earned overtime; not paying all earned minimum wages; rounding down time worked; not paying split-shift wages or Labor Code section 226.7 compensation; improperly pooling and/or converting tips; not returning money deposits, and not paying interest on said money BCD required for uniforms; failing to post an Industrial Wage Order in Korean and Spanish; not providing accurate pay stubs or compliant Labor Code section 226 wage statements; not paying all earned wages timely; failing to pay waiting time penalties; alleged violations constituting unfair business practices; and the civil penalties pursuant to the Private Attorney General Act corresponding to said claims.

V. WHAT ARE MY OPTIONS?

A. You may accept your share of the multi-million dollar settlement by timely filling out and signing the attached Claim Form and returning it by mail to: CPT Group, Inc., 16630 Aston Street, Irvine, California 92606; OR overnight mail; OR e-mail: classmemberquestions@cptgroup.com; OR fax: (949) 419-3446; OR personally delivering it to CPT Group, Inc.: 16630 Aston Street, Irvine, California 92606. To be valid and timely, your Claim Form must be postmarked or received by the Claims Administrator no later than April 4, 2015. Should you have any questions regarding your Claim Form, simply contact the Administrator toll free: 1-866-531-0056. BCD will not be told who submits a Claim Form to CPT Group, Inc. As such, BCD will never know if you have submitted a Claim Form. To confirm that you are the Class Member who was intended to receive this Notice,  when you submit your Claim form, you must provide one document which identifies you by name such as a copy of a paystub, a utility bill (ex. electric, cable, water, cell phone, trash, etc.) in your name, your driver’s license, passport I.D., W-2, birth certificate, Green Card, OR Proof of Residency, etc. If you prefer, instead of providing one identifying document, you may merely state the last four numbers of your social security number.

B. You may accept your share of the multi-million dollar settlement but disagree with the number of pay periods that you worked at any BCD Tofu House Restaurant operated by Defendants in California during the period of March 20, 2009 and December 31, 2014, specified in your Claim Form. If you do not agree with the number of pay periods specified in your Claim Form, you should fill out the attached Claim Form and return it to Claims Administrator by mail, overnight mail, email, fax, or personal delivery as noted above. You should write down the dates that you believe you worked at a BCD Tofu House Restaurant operated by Defendants in California during the period of March 20, 2009 and December 31, 2014. You should send any supporting documents that you have (such as paystubs) to the Administrator. The Administrator will read the documents both you and Defendants provide and make the final determination of the amount of your settlement award. Your Claim Form must be signed and postmarked/received by the Administrator no later than April 4, 2015 to be valid; or

C. You may exclude yourself from (not participate in) the multi-million dollar settlement, in which case you will not be bound by the settlement but will not receive any portion of the settlement. If you want to be excluded from the settlement (also referred to as “opting out”), you must mail a letter to the Claims Administrator to request to “opt-out.” Your “opt-out” request letter can be as simple as “I do not want to be a part of the settlement.” To be considered timely, your “opt-out” request letter must include your full name, mailing address, telephone number, your birth date (for identity verification purposes only), signature, and be mailed by First-Class U.S. Mail to the Settlement Administrator, postmarked no later than April 4, 2015. If you file a timely and valid “opt-out” request, you will no longer be a member of the Class, and you will not receive any money from the Settlement, or be able to object to the terms of the Settlement. However, if you do timely “opt-out,” you will not be bound by the terms of the Settlement and may pursue any claims you may have against BCD at your own expense. If you submit both a Claim Form and an “opt-out” request, the “opt-out” request will be deemed invalid and you will be bound by, and have the right to participate in, the Settlement and receive money.

D. You may do nothing, in which case YOU WILL NOT RECEIVE YOUR SHARE OF THE MULTI-MILLION DOLLAR SETTLEMENT, but you will continue to be a part of the Class AND WILL LOSE YOUR RIGHT TO SUE DEFENDANTS FOR THE RELEASED CLAIMS asserted in the lawsuit. The Settlement, if approved by the Court, whether favorable or not, will bind all Class Members who: (i) submit a Claim Form; (ii) do not request to be excluded; OR (iii) do nothing. Regardless of which option you choose, Defendants may not and will not retaliate against you for exercising your rights under this Settlement Agreement or the law. 

VI. WHAT ARE THE PROCEDURES FOR PAYMENT?

A. The Administrator will calculate your share of the multi-million dollar settlement and issue you a check. Twenty-five percent (25%) of your share of the settlement will be considered wages from which ordinary tax withholdings will be deducted. Twenty-five percent (25%) of your award will be considered interest and fifty percent (50%) considered penalties for which no deductions will be made for payroll-related taxes. You will be given IRS tax forms for these amounts. You are responsible for paying the correct amount of taxes on each portion of your share of the settlement.

B. It is important for the parties to have your current address in order to be able to send you other mailings regarding the Settlement. You should contact the Administrator to report any change of your address after you receive this Notice. Failure to report a change of address may result in you not receiving your money from the settlement.

VII. HEARING ON PROPOSED SETTLEMENT

A final fairness hearing will be held by the Court at 9:00 a.m. on May 5, 2015, in Department 323 of the Los Angeles County Superior Court – Central Civil West, located at 600 S. Commonwealth Ave., Los Angeles, CA 90005, to decide whether or not the proposed settlement is fair, reasonable and adequate. You do not have to attend the hearing. Counsel for the parties will answer any questions the Judge may have. Any Class Member who does not request exclusion may, if the member so desires, appear personally or through counsel at their own expense.

VIII. PROCEDURES FOR OBJECTING TO SETTLEMENT

You may object to the proposed settlement as unfair, unreasonable or inadequate. You must verify that you are a member of the Settlement Class. If you wish to object to the settlement, you must serve your written objections and copies of any papers in support of your position with CPT Group, Inc., 16630 Aston Street, Irvine, California 92606; OR overnight mail; OR e-mail: classmemberquestions@cptgroup.com; OR fax: (949) 419-3446; OR personally delivering it to CPT Group, Inc.: 16630 Aston Street, Irvine, California 92606, on or before April 4, 2015. If you do not object the manner described above, you will have given up and waived your right to object to the settlement. If you send an objection, you do not have to come to Court to talk about it. As long as you have filed and served your written objection on time, the Court will consider it. You may also pay your own lawyer to attend the final approval hearing.

IX. EXAMINATION OF COURT PAPERS AND INQUIRIES

This Notice summarizes the settlement. You may view a complete copy of the settlement agreement and any of the papers filed in the lawsuit at the Filing Department of the Los Angeles County Superior Court – Central Civil West, located at 600 S Commonwealth Ave., Los Angeles, CA 90005. PLEASE DO NOT CALL THE COURT.

If you have any questions or comments regarding this Notice, the claims asserted in this Class Action and/or your rights regarding the settlement, you may contact any of the attorneys representing the Employees-Class Members listed below. You will not be charged for speaking with these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense. The attorneys approved by the Court to represent the class of employees for settlement purposes are:

ATTORNEYS REPRESENTING THE CLASS OF NON-EXEMPT BCD EMPLOYEES

LAW OFFICE ROBERT SKRIPKO, JR., APLC: Attn: Robert W. Skripko, Jr.: 1323 N. Broadway, Santa Ana, CA 92706; Tel: (714) 543-6200; Fax: (714) 543-6140; E-mail: rwskripko@aol.com; Website: www.bcdtofuhouselawsuit.com [ENGLISH SPEAKING]

PETER BECK, APLC: Peter I. Beck, Esq.: 3580 Wilshire Blvd., 17th Fl., L.A., CA 90010; Tel: (213) 637-0120; Fax: (213) 637-0246; E-mail: peter_beck@msn.com; Website: www.bcdtofuhouselawsuit.com [SE HABLA ESPANOL-KOREAN-ENGLISH]