Top Class Actions  |  June 28, 2022

Category: Closed Class Actions

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Zero motorcycle on display - Zero Motorcycles settlement
(Photo Credit: Chatchai Somwat/Shutterstock)

Zero Motorcycles will pay $425,000 as part of a settlement to resolve class action lawsuit claims it failed to pay its workers proper wages.

The settlement benefits individuals who worked for Zero Motorcycles in California between Dec. 16, 2015, and June 13, 2021.

Zero Motorcycles manufactures and sells numerous motorcycle models including street bikes and dual sport bikes. According to the company’s website, the California-based company rises past the competition with high performance electric technology.

Although the company touts impressive accolades, a class action lawsuit against Zero Motorcycles claims the motorcycle manufacturer fails to properly pay its employees.

Zero Motorcycles employees allege the company violates California law by failing to calculate correct regular rates of pay and forcing employees to work off the clock. These violations allegedly caused the company to not pay minimum wage and overtime wages. 

According to the plaintiffs, the company also denied them rest and meal breaks, accurate wage statements, separation wages and related penalties.

The wage-and-hour class action lawsuit includes claims under California labor laws such as the Private Attorneys General Act (PAGA).

Zero Motorcycles hasn’t admitted any wrongdoing but agreed to pay $425,000 to resolve these California labor law allegations.

Under the terms of the settlement, class members can collect a payment based on the number of workweeks they worked during the class period. Individuals who worked a higher number of workweeks will be eligible for a higher payment.

For tax purposes, 80% of each settlement payment will be considered penalties and interest, resulting in a 1099 form. The remaining 20% will be treated as wages and subject to a W-2. 

The settlement also includes a $30,000 payment to the California Labor & Workforce Development Agency under PAGA.

The deadline for exclusion and objection in the settlement is July 11, 2022. 

The final approval hearing for the settlement is scheduled for July 26, 2022. Class members have the option to attend this hearing and share their thoughts on the settlement, but are not required to do so. Class Members who wish to speak at the hearing must submit a notice to appear by July 11, 2022.

No claim form is required to benefit from the settlement. Class Members who do not exclude themselves will automatically receive a settlement payment.

Who’s Eligible

The settlement benefits individuals who worked for Zero Motorcycles in California between Dec. 16, 2015, and June 13, 2021.

Potential Award

Varies

Proof of Purchase

No proof of purchase applicable.

Exclusion or Objection Deadline

07/11/2022

Case Name

Gutierrez v. Zero Motorcycles Inc., Case No. 19-CV-03725, in the Superior Court for the State of California, County of Santa Cruz

Final Hearing

07/26/2022

Settlement Website
Claims Administrator

Gutierrez v. Zero Motorcycles, Inc.
c/o Atticus Administration
P.O. Box 64053
Saint Paul, Minnesota 55164
zeromotorcyclesettlement@atticusadmin.com
888-900-8779

Class Counsel

Anthony J. Orshansky
COUNSELONE PC

Edwin Aiwazian
LAWYERS FOR JUSTICE PC

Defense Counsel

Julie A. Marquis
Nicole M. Clowdsley
FREEMAN MATHIS & GARY LLP

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.