Curry v. Fox Co., Inc.
A Class Action Lawsuit Could Affect Your Rights
Am I a member of the Class?
The Court has decided that the Class Members are those people who fall within this class:
ALL NON-SALARIED EMPLOYEES OF FOX CO., INC., WHO WORKED FOR FOX CO., INC., ON OR AFTER MAY 31, 2002, WHETHER NOW EMPLOYED BY FOX CO., INC., OR NOT.
Notice:
Your rights may be affected by a lawsuit pending in the Pierce County Superior Court, Cause No. 05-2-08756-6 and captioned Curry v. Fox Co., Inc., Fred Fox, Jr. and Jane Doe Fox, husband and wife, and Melodie Fox, individually. If you are a Class Member, you have legal rights and choices to make, which are described in this Notice. The pleadings and other records in this litigation maybe examined and copied at any time during regular business hours at the Office of the Superior Court, 930 Tacoma Avenue South, Rm. 110, Tacoma, WA 98402. You may also obtain documents for your review from class counsel at the address listed below.
Jason Curry (Plaintiff) brought the claim on his own behalf as an individual, and also sought Court approval to appear as the representative of a class of persons. Plaintiff alleges that he is, or has been, an hourly or piece-rate worker for Fox Co., Inc. The Plaintiff alleges that Fox Co., Inc., Fred Fox, Jr., and Melodie Fox ("Defendants") are in violation of Washington's Minimum Wage Act by not paying compensation for overtime wages and by not paying for time spent working through lunches and break periods. On September 15, 2006, the Court ruled that the Defendants are liable for any and all unpaid overtime wages owed to hourly employees and any and all unpaid overtime wages owed to piece rate workers and that such failure to pay unpaid overtime wages is subject to penalties, including double the amount earned, as well as attorneys' fees and costs, as provided by the wage statute. The Court has not issued any liability or damages rulings regarding lunch and break period claims and these claims are contested by Defendants. The parties do dispute the amount of damages owed for overtime wages for piece rate workers. The trial is currently set for April 8, 2008.
CONTACT: Email: hspencer@gth-law.com or by phone: H. Spencer @ Gordon Thomas Honeywell: 253-620-6529
CURRENT HEARINGS AND ISSUES:
Fairness Hearing Set for: 2/15/08 at 9:00 a.m. See Notices below in both English and Español:
(A) English Version: Notice of Partial Settlement and Notice of Fairness Hearing
(B) Español Version: Notice of Partial Settlement and Notice of Fairness Hearing
(C) List of Class Members Accepting Settlement based on Offers of Judgment
Trial Date Set for: 4/8/08 - Pierce County Superior Court