CBRE PAGA Settlement
If you worked for CBRE in California as a facilities manager since March 7, 2015, you may soon receive a check and a notice explaining that there has been a “PAGA” settlement.
The settlement results from a lawsuit filed by former facilities manager, Steve Thoma, in federal court in Los Angeles in 2016, claiming that CBRE failed to provide facilities managers overtime pay, meal periods, rest periods, and other protections. CBRE denies that it did anything wrong or that it owes any penalties.
After lots of litigation, the parties settled with no one admitting anything. Through the settlement, CBRE agreed to pay $725,000 to resolve the Private Attorneys General Act (“PAGA”) claim, 75% of which goes to the State and 25% is distributed among the covered facilities managers.
Moreover, pursuant to the “common fund” doctrine, the Court ordered that attorneys’ fees, costs, and an incentive payment be paid out the settlement amount. A decent internet article on the common fund doctrine and attorneys’ fees can be found here.
Your settlement check amount is based on how many pay periods you worked for CBRE between March 7, 2015 and the date the Court approved the settlement, which was October 24, 2018. You must cash your check within 180 days of the date it was mailed to you. If you do not cash your check within that time, the check will expire and those funds will be sent to the California State Controller’s Office Unclaimed Property Fund, which has procedures you will then have to go through to collect your settlement amount. Failing to cash the check does not exclude you from the Judgment entered by the Court.
The lawsuit filed by Mr. Thoma also alleged claims against JP Morgan Chase on behalf of facilities managers who worked for that company before CBRE. There was a separate settlement of the claims against JP Morgan Chase, in which you may have been eligible to, and may have chosen to, participate. This PAGA settlement against CBRE is completely independent of the JP Morgan Chase settlement and is the only settlement that will result from the collective claims alleged against CBRE in this lawsuit.
If you want to read the most relevant pleadings in this case concerning CBRE, including the settlement agreement, they are set forth below. You can also find all the pleadings in this case at the United States District Court for the Central District of California’s website. The case name is Thoma v. CBRE, Inc. et al, and the case number is 2:16-cv-06040. Also, if you have any questions, you can call us at 415.433.1064, or send a query by completing the below on-line contact form.
List of Related Pleadings
|September 10, 2018||Settlement Agreement|
|October 24, 2018||Entry of Judgment|
|October 24, 2018||Court Order Approving Settlement and Judgment|
|September 12, 2018||Stipulation for Approval|
|September 10, 2018||Curtis Declaration in Support of Stipulation for Approval|
|January 12, 2018||Operative (First Amended) Complaint|