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This settlement is closed!
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Former sales representatives for Vitamix can qualify for payments from a $1.6 million wage and hour class action settlement.
Defendant Vita-Mix Corp. manufactures and markets high-end household and commercial blenders. The company employs sales personnel through an arrangement with defendant Kelly Services Inc.
Plaintiffs Nadeen and Rainoldo Gooding brought this Vitamix class action lawsuit on behalf of a subset of employees known as “roadshow demonstrators.” These employees promote Vitamix products by traveling to retail outlets like Costco and setting up kiosks where they demonstrate Vitamix blenders for prospective purchasers. These demonstrations carry on for four to 20 days at a time.
The Goodings’ Vitamix class action lawsuit took issue with the way Vitamix and Kelly Services compensated these roadshow demonstrators. Compensation was based on the number of blenders sold during each demonstration, not on an hourly wage.
The Goodings argued that this compensation often dropped below the legal minimum wage. They claimed the defendants shorted them overtime wages, denied them compensation for travel time, denied them proper meal and rest breaks, and failed to maintain accurate timekeeping records.
The parties reached this Vitamix class action settlement in May 2017. Under terms of the settlement, Vitamix and co-defendant Kelly Services Inc. will create a non-reversionary settlement fund worth $1.6 million.
This fund will be used to cover incentive awards for the named plaintiffs, class counsel’s attorney fees, and administrative costs. Once those expenses are covered, the remaining funds will be distributed among 1,150 qualifying Class Members.
Class Members who wish to object to the settlement must file a written objection by Nov. 25, 2017.
Who’s Eligible
The settlement provides for three Classes: a California Class, a Non-California Class, and an FLSA Class.
Members of the FLSA Class must file an opt-in form with the settlement administrator to receive benefits. This Class includes persons who worked as a Vitamix Demonstrator or Sales Representative (Covered Position) at any time from June 3, 2013 through March 13, 2017 in any of the states listed below and did not work in a Covered Position in any other state during that period:
- Alabama
- Arizona
- Alaska
- Colorado
- Delaware
- Florida
- Indiana
- Iowa
- Kentucky
- Louisiana
- Maine
- Michigan
- Mississippi
- Nebraska
- Nevada
- Ohio
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- District of Columbia
By definition, members of this FLSA Class are excluded from the California Class and the Non-California Class.
The California Class covers individuals who worked for the defendants in a Covered Position in California any time from June 3, 2012 to March 13, 2017.
The Non-California Class covers individuals who worked for the defendants in a Covered Position anytime from June 3, 2013 to March 13, 2017 in a state other than California under whose laws the plaintiffs have raised claims in their First Amended Complaint.
Members of the California Class and Non-California Class do not need to file Claim Forms or opt-in forms to receive payment.
All three Classes exclude persons who were Class Members in an earlier settlement, Thomas v. Vita-Mix Corp., who have not worked for the defendants since Aug. 27, 2015.
Potential Award
Estimates of each Class Member’s individual payment were provided with the class notice in an enclosure titled “Your Data as an FLSA Member.” The plaintiffs’ motion for preliminary settlement approval estimates the average individual payment will be $952.17.
Proof of Purchase
Class Members who are satisfied with the payment estimation stated in their “Your Data as an FLSA Member” enclosure need only submit a filled-out FLSA Opt-In Form. Those who want to dispute that estimate must notify the settlement administrator in writing and include supporting documentation.
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
11/25/2017
Case Name
Gooding and Gooding v. Vita-Mix Corp. and Kelly Services Inc., Case No. 2:16-cv-03898-ODW-JEM, in the U.S. District Court for the Central District of California
Final Hearing
1/22/2018
UPDATE: The Vita-Mix Sales Representatives Wage and Hour Class Action Settlement was granted final approval on January 25, 2018. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.
UPDATE 2: On February 16, 2018, an appeal to the Vita-Mix Sales Representatives Wage and Hour Class Action Settlement was filed. Claims will not be paid until all appeals are exhausted. We appreciate your ongoing patience. Top Class Actions will continue to provide updates as we learn more.
Settlement Website
Claims Administrator
Gooding v. Vita-Mix Corporation
c/o CPT Group Inc.
50 Corporate Park
Irvine, CA 92606
1-888-551-3476
Administrator@CPTGroup.com
Class Counsel
Paul K. Haines
Tuva Korobkin
Fletcher W. Schmidt
HAINES LAW GROUP APC
John H. Crouch
KILGORE & KILGORE PLLC
Defense Counsel
Counsel for Vita-Mix Corporation:
Robert S. Shwarts
Lauri A. Damrell
David P. Fuad
ORRICK HERRINGTON & SUTCLIFFE LLP
Counsel for Kelly Services:
Laura Maechtlen
Chantelle C. Egan
Shireen Yvette Wetmore
David D. Jacobsen
SEYFARTH SHAW LLP
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One thought on Vitamix Sales Representatives Wage and Hour Class Action Settlement
Is any upate on this claim.