Basham v. Tailored Living Choices, LLC

What is this Lawsuit About?

Summary of the Lawsuit

This case includes claims under California state law, the Federal Labor Standards Act, and the California Private Attorneys General Act. The class action lawsuit was filed on December 29, 2021, by former Instructional Assistants Genevieve Basham, Jennifer Raper, and George Pepper. They claim that Tailored Living Choices (TLC) committed various California Labor Code and federal Fair Labor Standards Act (FLSA) violations. Plaintiffs claim that TLC failed to pay minimum and regular wages for all hours worked; failed to properly pay overtime wages for all hours worked over forty-hours in a workweek; failed to pay for all travel time; maintained a rounding time policy that prejudiced employees; and did not reimburse employees for business related expenses like phone and gas use.

In February 2024, the Court conditionally certified Plaintiffs’ FLSA claims for unpaid overtime and minimum wages and a Court-approved notice was sent to you and you were given an opportunity to opt-in to the FLSA aspect of the case.

If you would like to read the Complaint, you can obtain a copy in the Court Documents section of this website.

Why Is there a Settlement?

The Court did not hold a trial to decide in favor of Plaintiffs or TLC. The Court has made no ruling on the merits of any of the claims. All parties agreed to the Settlement because they believe it is fair, reasonable, and adequate under the circumstances. Plaintiffs think their claims have merit. TLC believes that Plaintiffs would not have won anything at trial. The parties negotiated this settlement to avoid the risks, delays, and uncertainties of litigation and agree that the Settlement is the best resolution for everyone considering those risks, delays, and uncertainties.

Are you a Class Member?

The Class. You are part of the Class if you worked in California as an Instructional Assistant at any time June 29, 2017, to May 15, 2025.

The Class covers claims under the California Labor Code that relate to unpaid wages, missed breaks, late payments, business expenses, and inaccurate pay records. If are a Class Member and you do not exclude yourself from the Class, you will receive a settlement payment and give up your right to sue Tailored Living Choices under California law for these claims from June 29, 2017, to May 15, 2025.

Are You a FLSA Collective Member?

The FLSA Collective. You are part of the FLSA Collective if you worked as an Instructional Assistant for TLC at any time between December 1, 2020, through May 15, 2025. The FLSA Collective covers claims under federal law for minimum and overtime wages.

Are You a PAGA Employee?

The PAGA Employees are all current and former employees who worked as an Instructional Assistant for TLC at any time between October 29, 2020, through May 15, 2025. All PAGA Employees will receive their pro-rata share of the PAGA Payment regardless of whether they opt-in or opt-out of the Settlement.

What does the Settlement Provide?

Although TLC denies any wrongdoing, and the Court has not decided in favor of Plaintiffs, TLC has agreed to pay $580,000 into a settlement fund to avoid the costs and burden of the litigation.

This money will be divided among the Class members, Collective members, and PAGA Employees, and will also be used to pay for the costs of the Settlement administration, and the lawyer’s fees and costs in the case.

The Court named the company CPT Group, Inc. as the Settlement Administrator. They will be in charge of the settlement fund and sending this Notice to you. They will also be in charge of making all the payments and sending the settlement checks, if the Court grants the final approval of this Settlement. The amounts that CPT will pay, if the Settlement is approved, are as follows:

• Attorney’s fees: $193,333.34
• Attorney’s costs: $35,000
• The cost of administering the Settlement: $35,000
• Service Awards to the Class Representatives for their time and service: $10,000 to Ms. Basham, $10,000 to Ms. Raper, and $10,000 to Mr. Pepper
• Payment to the California Labor and Workforce Development Agency and the PAGA Employees: $20,000
• Payment to the Class Members and FLSA Collective Members that decide to participate in the Settlement: (estimated) $266,666.66. This amount will be divided among all participating class members and FLSA Collective members depending on the number of weeks they worked as Instructional Assistants within the period of June 29, 2017, through May 15, 2025.

The Settlement provides that the individuals who do not send a letter and request to Opt-Out of the Settlement will automatically become participating class members. Members of the class (those who do nothing) will receive a settlement check and will no longer have the right to sue TLC for the same California claims and issues of the lawsuit. The California claims alleged in the lawsuit and released by this Settlement include claims for minimum, regular, and overtime wages for sleep time, travel time, and rounded time. This settlement also provides for monetary compensation for the release of claims for reimbursement of phone and gas expenses. The settlement also includes a release of the claims for inaccurate wage statements, and untimely payment of wages.

All individuals who were employed from December 1, 2020 to now as Instructional Assistants, and who submit an FLSA claim form or cash their separate FLSA Collective settlement check, will also release their federal claims, which means they cannot sue TLC for the same federal claims and issues that are part of the lawsuit.

All individuals who were employed from October 29, 2020 to now will also receive a settlement check and will release their claim for civil penalties under the California Private Attorneys’ General Act.

If you are unsure whether you are part of this settlement, contact the Settlement Administrator at 1-888-801-2215 or send an email with your name and telephone number to tailoredlivingsettlement@cptgroup.com.

How do I get more information?

This notice summarizes the proposed settlement. For the precise terms of the settlement, please see the settlement agreement available in the Court Documents section of this website. You can also find copies of other important documents in the case, including the Complaint, and the Court Order preliminarily approving the settlement Court Documents section of this website.

You can also:

Visit the office of the Clerk of the Court for the United States District Court for the Northern District of California, 1301 Clay Street, Suite 400 S, Oakland, CA 94612, between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays.