LGCY Power employee misclassification $3.82M class action lawsuit settlement

LGCY Power has agreed to pay a $3.82 million settlement to end class action lawsuit claims the solar power company violated California law through employee misclassification and failure to give appropriate benefits due to workers.

Class members include all those individuals who worked as a door-to-door salesperson, setter, closer or lead generator for LGCY Power between May 23, 2015, and Aug. 5, 2022, either as an independent contractor or as an employee. 

The LGCY Power employee misclassification class action lawsuit was filed by Robert Green, Anthony Ruiz, John Tanner and 50 anonymous individuals. They assert the company violated California employment law in a number of ways. 

The plaintiffs note that in particular, the company made a practice of classifying various workers as independent contractors instead of as employees in an effort to avoid paying them the benefits due to employees. The plaintiffs allege California law requires workers to be classified as employees if their jobs are required to perform their work in a specific way as laid out by the company. Allegedly, this was the case with many of those contractors working as door-to-door sales people. 

According to the plaintiffs, the company failed to adhere to California labor laws requirements regarding employee payment, failing to pay its workers in a timely manner and instead withhold wages, failing to pay overtime when workers should have been eligible and failing to pay for rest breaks as required by law. 

Of the $3.82 million settlement, $76,400 will be allocated to a Private Attorneys General Act (PAGA) penalty, $17,000 will be allocated to settlement administration costs, up $20,000 will be given to each class representative, and up to $50,000 will go to reimbursing litigation costs. Class counsel fees will also be allocated from the settlement fund. 

The remainder of the settlement fund will be divided amongst the class members. Exact payment estimates are not available. 

According to LGCY Power’s records, class members earned varying credits during the class period toward points under the settlement. The points applied to the credits will be used to calculate individuals’ payments.

Anyone wishing to dispute their points or the company’s records must notify the settlement administrator and provide supporting evidence in writing by Jan. 9, 2023. 

The deadline to opt out of or object to the LGCY Power employee misclassification class action lawsuit settlement is Jan. 9, 2023.

A final approval hearing is set for March 10, 2023.

There is no deadline to file a claim for benefits in the LGCY Power class action settlement, as settlement payments will be automatically distributed to all eligible class members. However, class members may choose a payment method by logging into the settlement website.

Who’s Eligible

individuals who worked a door-to-door salesperson, setter, closer or lead generator for LGCY Power between May 23, 2015, and Aug. 5, 2022, either as an independent contractor or as an employee. 

Potential Award

Varies

Proof of Purchase

No proof of purchase applicable

Objection and Exclusion Deadline

01/09/2023

Case Name

Green, et al. v. LGCY Power LLC, et al., Case No. 37-2019-00026629-CU-OE-CTL, in the Superior Court for the State of California, County of San Diego

Final Hearing

03/10/2023

Settlement Website

LGCYSettlement.com

Claims Administrator

Settlement Administrator
Green, et al. v. LGCY Power LLC, et al.
c/o Simpluris, Inc.
P.O. Box 26170
Santa Ana, CA 92799
866-602-6001

Class Counsel

Jason E Baker
John J Weber
KEEGAN & BAKER LLP

Defense Counsel

Deborah Yoon Jones
Todd B Benoff
Lisa L Garcia
ALSTON & BIRD LLP