R&B Sales and Marketing wage-and-hour $2.1M class action settlement

A $2,112,500 settlement has been reached between R&B Sales and Marketing Inc. and Techtronic Industries North America Inc. and hourly employees. 

Two classes have been established in this settlement.

The California class is made up of all individuals employed in California by either R&B Sales and Marketing or Techtronic Industries North America in a non-exempt, hourly position between Jan. 31, 2017, and March 21, 2021.

The class of non-California opt-in eligible plaintiffs refers to anyone employed in any state other than California by either defendant in a non-exempt, hourly position in which the employee performed in-store sales at Home Depots in any state other than California during the Fair Labor Standards Act (FLSA) collective period of Feb. 28, 2019, to March 21, 2021.

“Non-California opt-in plaintiffs” are all non-California opt-in eligible plaintiffs who elect to opt in to this settlement.

The settlement ends claims brought forward by Sergio Arellano and Edgar Murillo on behalf of all California employees in comparable situations, as well as claims brought forward by John Henry and Curt Uyemura on behalf of employees around the country. 

According to Arellano, Murillo, Henry and Uyemura, R&B Sales and Marketing Inc. and Techtronic Industries North America Inc. violated the federal Fair Labor Standards Act and California labor law. Allegedly, the companies committed multiple violations. The workers argue the companies:

• Failed to pay overtime to employees who were non-exempt from overtime and had worked more than 40 hours a week
• Failed to provide adequate meal breaks or compensate for a failure to provide meal breaks
• Failed to provide adequate rest breaks or compensate for a failure to provide rest breaks
• Failed to provide wage statements in a timely manner
• Failed to keep accurate payroll records
• Failed to pay wages in a timely manner when an employee was terminated
• Failed to pay wages in full when an employee was terminated
• Failed to reimburse employees for business expenses
• Failed to pay employees for reporting time
• Did not comply with unfair competition laws
• Violated the California Labor Code Private Attorneys General Act

R&B Sales and Marketing Inc. and Techtronic Industries North America Inc. do not admit any wrongdoing in response to the claims from their employees. However, the companies have agreed to provide a settlement to the employees in the interest of avoiding the costs and risks of continuing to litigate the claims.

Under the terms of the settlement, class members can collect a cash payment.

Of the $2,112,500, $1,562,500 has been allocated for the California class members, while $550,000 has been allocated to settle claims of non-California class members. 

A final fairness hearing in the R&B Sales and Marketing settlement is scheduled for Sept. 6, 2022.

The deadline to opt out of the settlement, submit a dispute or file an objection is July 19, 2022.

The deadline to file a non-California FLSA claim is also July 19, 2022.

Who’s Eligible

California class:

Any non-exempt, hourly employee who was employed by R&B Sales and Marketing Inc. and Techtronic Industries North America Inc. in California between Jan. 31, 2017, and March 21, 2021

Non-California class:

Any non-exempt, hourly employee of R&B Sales and Marketing Inc. and Techtronic Industries North America Inc. performed in-store sales at Home Depot in any state other than California between March 16, 2019, and March 21, 2021.

Potential Award

Varies

Proof of Purchase

Claimant must provide information about the dates and location of the work they performed.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

07/19/2022

Case Name

Arellano, et al. v. R&B Sales and Marketing, et al., Case No: 20STCV04112 in the Superior Court of California, Los Angeles County

Final Hearing

09/06/2022

Settlement Website

CPTGroupCaseInfo.com

Claims Administrator

CPT Group Inc.
[email protected]
888-281-3962

Class Counsel

Raul Perez
Bevin Allen Pike
Orlando Villalba
CAPSTONE LAW APC

Laura L Ho
Byron Goldstein
GOLDSTEIN BORGEN DARDARIAN & HO

Defense Counsel

Paula M Weber
Kimberly Y Higgins
PILLSBURY WINTHROP SHAW PITTMAN LLP