Frequently Asked Questions

Basic Information

1. What is the Action about?

This lawsuit is about whether District violated California’s minimum wage laws by failing to pay part-time instructional faculty members at least the minimum wage for all hours worked. Specifically, Plaintiffs contend that the District unlawfully fails to compensate part-time instructional faculty for any time worked outside of classroom teaching hours. District denies it has violated the minimum wage, or other laws, related to its compensation of part-time instructional faculty members, which compensation was negotiated through a collective bargaining agreement with the plaintiffs’ union, the Certificated Hourly Instructors (CHI). Plaintiffs are represented by attorneys in the Action: Altshuler Berzon LLP and Tuttle & McCloskey, PC (“Class Counsel”).

The District has denied violating any laws or failing to pay any wages and contended it complied with all applicable laws. The Court has found that the District’s compensation for part-time instruction faculty members does not comply with minimum wage law, but has not determined how much money is owed to the Class.

2. What does it mean that the Action has settled?

Instead of conducting a trial to determine the amount of money owed to the Class, and to eliminate the risk of further litigation, including appeals, Plaintiffs and the District have decided to settle this case. Plaintiffs and District hired an experienced neutral mediator to help them resolve the Action by negotiating to end the case by agreement (settle the case) rather than continuing the expensive and time-consuming process of litigation. The negotiations were successful. By signing a lengthy written Settlement Agreement (“Agreement”) and agreeing to jointly ask the Court to enter a judgment ending the Action and enforcing the Agreement, Plaintiffs and District have negotiated a proposed settlement that is subject to the Court’s Final Approval. Both sides agree the proposed Settlement is a compromise of disputed claims. By agreeing to settle, District does not admit any violations or concede the merit of any claims.

Plaintiffs and Class Counsel strongly believe the Settlement is a good deal for you because they believe that: (1) District has agreed to pay a fair, reasonable and adequate amount considering the strength of the claims and the risks and uncertainties of continued litigation; and (2) Settlement is in the best interests of the Class Members. The Court preliminarily approved the proposed Settlement as fair, reasonable and adequate, authorized the Notice, and scheduled a hearing to determine Final Approval.

3. What are the important terms of the proposed Settlement?

1. District Will Pay $18 Million ($18,000,000.00) as the Gross Settlement Amount (Gross Settlement). District has agreed to deposit the Gross Settlement into an account controlled by a neutral third-party Settlement Administrator. The Administrator will use the Gross Settlement to pay the Individual Class Payments, Class Representative Service Payments, Class Counsel’s attorneys’ fees and expenses, and the Administrator’s expenses. Assuming the Court grants Final Approval, District will fund the Gross Settlement not more than 14 days after the Judgment entered by the Court become final. The Judgment will be final on the date the Court enters Judgment, or a later date if Participating Class Members object to the proposed Settlement or the Judgment is appealed.

2. Court Approved Deductions from Gross Settlement. At the Final Approval Hearing, Plaintiff and/or Class Counsel will ask the Court to approve the following deductions from the Gross Settlement, the amounts of which will be decided by the Court at the Final Approval Hearing:

1. Up to $1,440,000.00 (8% of the Gross Settlement) to Class Counsel for attorneys’ fees and up to $50,000.00 for their litigation expenses.

2. Up to $20,000.00 to each of the Plaintiffs (for a total of $40,000.00) as Class Representative Awards for filing the Action, working with Class Counsel and representing the Class. A Class Representative Award will be the only monies each Plaintiff will receive other than that Plaintiff’s Individual Class Payment.

3. Up to $16,000.00 to the Administrator for services administering the Settlement.

Participating Class Members have the right to object to any of these deductions. The Court will consider all objections.

3. Net Settlement Distributed to Class Members. After making the above deductions in amounts approved by the Court, the Administrator will distribute the rest of the Gross Settlement (the “Net Settlement”) by making Individual Class Payments to Participating Class Members based on their Class Period Weekly Credit Hours. You do not have to make a claim or fill out a form to receive an Individual Class Payment.

4. Taxes Owed on Payments to Class Members. Plaintiffs and District are asking the Court to approve an allocation of 50% of each Individual Class Payment to taxable wages (“Wage Portion”) and 50% to liquidated damages and interest (“Non-Wage Portion”). The Wage Portion is subject to withholdings and will be reported on IRS W-2 Forms. The District will separately pay employer payroll taxes it owes on the Wage Portion. The Administrator will report the Non-Wage Portions of the Individual Class Payments on IRS 1099 Forms.

   Although Plaintiffs and District have agreed to these allocations, neither side is giving you any advice on whether your Payments are taxable or how much you might owe in taxes. You are responsible for paying all taxes (including penalties and interest, if any) on any Payments received from the proposed Settlement. You should consult a tax advisor if you have any questions about the tax consequences of the proposed Settlement.

   Settlement Payment Checks Must be Cashed Promptly. The front of every check issued for Individual Class Payments will show the date when the check expires (the void date). If you don’t cash your check by the void date, it will be automatically cancelled, and the monies will be deposited with the California Controller’s Unclaimed Property Fund in your name. If the monies represented by your check is sent to the Controller’s Unclaimed Property Fund, you should consult the Fund’s website at https://www.sco.ca.gov/search_upd.html for instructions on how to retrieve your money.

5. Requests for Exclusion from the Class Settlement (Opt Outs). You will be treated as a Participating Class Member, participating fully in the Class Settlement, unless you notify the Administrator in writing, not later than December 3, 2026, that you wish to opt out. The easiest way to notify the Administrator is to send a written and signed Request for Exclusion by the December 3, 2026 Response Deadline. The Request for Exclusion should be a letter from a Class Member or his/her/their representative setting forth a Class Member’s name, present address, telephone number, and a simple statement electing to be excluded from the Settlement. If you opt out, you will not receive an Individual Class Payment, but you will preserve your rights to personally pursue wage and hour claims against District. See Question 6 for more information.

6. The Proposed Settlement Will be Void if the Court Denies Final Approval. It is possible the Court will decline to grant Final Approval of the Settlement or decline enter a Judgment. It is also possible the Court will enter a Judgment that is reversed on appeal. Plaintiffs and District have agreed that, in either case, the Settlement will be void. That means that District will not pay any money and Class Members will not release any claims against District.

7. Administrator. The Court has appointed a neutral company, Simpluris, Inc. (the “Administrator”), to send the Notice , calculate and make payments, and process Class Members’ Requests for Exclusion. The Administrator will also decide Class Member Challenges over Weekly Credit Hours, mail and re-mail settlement checks and tax forms, and perform other tasks necessary to administer the Settlement. The Administrator’s contact information is contained in Question 9.

8. Participating Class Members’ Release. After the Judgment is final and District has fully funded the Gross Settlement and separately paid all employer payroll taxes, Participating Class Members will be legally barred from asserting any of the claims released under the Settlement. This means that unless you opt out by validly excluding yourself from the Class Settlement, you cannot sue, continue to sue, or be part of any other lawsuit against District or related entities for wages based on the Class Period facts, as alleged in the Action and resolved by this Settlement.

   The Participating Class Members will be bound by the following release:

   “All Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors and assigns, release Released Parties from (i) all claims that were alleged, or reasonably could have been alleged, based on the Class Period facts stated in the Operative Complaint, including claims for unpaid minimum wages, liquidated damages and penalties thereon, and unpaid benefits contributions thereon. Participating Class Members do not release any other claims, including claims for wrongful termination, violation of the Fair Employment and Housing Act, unemployment insurance, disability, social security, workers’ compensation or claims based on facts occurring outside the Class Period.”

4. How will the Administrator calculate my payment?

1. Individual Class Payments. The District has provided data included the Weekly Credit Hours that each Class Member was assigned to teach in each term. Weekly Credit Hours are weighted by the term in which they were taught to account for increases in the California minimum wage rate over the Class Period. The Administrator will calculate Individual Class Payments by (a) dividing the Net Settlement Amount by the total value of all Weekly Credit Hours worked by all Participating Class Members, and (b) multiplying the result by the value of the weighted Weekly Credit Hours worked by each individual Participating Class Member.

2. Weekly Credit Hour Challenges. The number of Weekly Credit Hours you worked during the Class Period, as recorded in District’s records, is stated in the first page of the Notice. You have until December 3, 2026, to challenge the number of Weekly Credit Hours. You can submit your challenge by signing and sending a letter to the Administrator via mail, email or fax. See Question 9 for the Administrator’s contact information.

   You must support your challenge by sending copies of pay stubs or other records. The Administrator will accept District’s calculation of Weekly Credit Hours based on District’s records as accurate unless you send copies of records containing contrary information. You should send copies rather than originals because the documents will not be returned to you. The Administrator will resolve Weekly Credit Hour challenges based on your submission and on input from Class Counsel (who will advocate on behalf of Participating Class Members) and District’s Counsel. The Administrator’s decision is final. You can’t appeal or otherwise challenge the Administrator’s final decision.

5. How will I get paid?

The Administrator will send, by U.S. mail, a single check to every Participating Class Member (i.e., every Class Member who doesn’t opt out).

Your check will be mailed to the same address as the Notice. If you change your address, be sure to notify the Administrator as soon as possible. See Question 9 for the Administrator’s contact information.

6. How do I opt out of the Class Settlement?

Submit a written and signed letter with your name, present address, telephone number, and a simple statement that you do not want to participate in the Settlement. The Administrator will exclude you based on any writing communicating your request be excluded. Be sure to personally sign your request, identify the Action as Karen Roberts et al. v. Long Beach Community College District, and include your identifying information (full name, address, telephone number, approximate dates of employment, and social security number for verification purposes). You must make the request yourself. If someone else makes the request for you, it will not be valid. Your request must be postmarked or delivered by December 3, 2026, or it will be invalid. See Question 9 for the Administrator’s contact information.

7. How do I object to the Settlement?

Only Participating Class Members have the right to object to the Settlement. Before deciding whether to object, you may wish to see what Plaintiffs and District are asking the Court to approve. At least 16 court days before the February 9, 2027 Final Approval Hearing, Class Counsel will file in Court (1) a Motion for Final Approval that includes, among other things, the reasons why the proposed Settlement is fair, and (2) a Motion for Fees, Litigation Expenses and Class Representative Service Awards stating (i) the amount Class Counsel is requesting for attorneys’ fees and litigation expenses; and (ii) the amount Plaintiffs are requesting as a Class Representative Service Award. Upon reasonable request, Class Counsel (see Question 9 for Class Counsel’s contact information) will send you copies of these documents at no cost to you. You can also view case documents on the Important Documents page or the Court’s website: https://www.lacourt.ca.gov/pages/lp/access-a-case/tp/find-case-information.

A Participating Class Member who disagrees with any aspect of the Agreement, the Motion for Final Approval and/or Motion for Fees, Litigation Expenses and Service Award may wish to object, for example, that the proposed Settlement is unfair, or that the amounts requested by Class Counsel or Plaintiffs are too high or too low. The deadline for sending written objections to the Administrator is December 3, 2026. Be sure to tell the Administrator what you object to, why you object, and any facts that support your objection. Make sure you identify the Action, Roberts v. Long Beach Community College District, and include your name, current address, telephone number and approximate dates of employment with the District and sign the objection. See Question 9 for the Administrator’s contact information.

Alternatively, a Participating Class Member can object (or personally retain a lawyer to object at your own cost) by attending the Final Approval Hearing. You (or your attorney) should be ready to tell the Court what you object to, why you object, and any facts that support your objection. See Question 8 (immediately below) for specifics regarding the Final Approval Hearing.

8. Can I attend the Final Approval Hearing?

You can, but don’t have to, attend the Final Approval Hearing on February 9, 2027, at 10:00 a.m. in Department 11 of the Los Angeles Superior Court, located at 312 North Spring Street, Los Angeles, CA 90012. At the Hearing, the judge will decide whether to grant Final Approval of the Settlement and how much of the Gross Settlement will be paid to Class Counsel, Plaintiff, and the Administrator. The Court will invite comment from objectors, Class Counsel and the District’s Counsel before making a decision. You can attend (or hire a lawyer to attend) either personally or virtually via LACourtConnect (https://www.lacourt.org/lacc). Check the Court’s website for the most current information.

The Court may reschedule the Final Approval Hearing. You should check this website beforehand or contact Class Counsel to verify the date and time of the Final Approval Hearing.

9. How can I get more information?

This website and the Notice are a summary of the proposed Settlement. The Agreement sets forth everything District and Plaintiffs have promised to do under the proposed Settlement. The easiest way to read the Agreement, the Judgment or any other Settlement documents is to visit the Important Documents page of this site. You can also telephone or send an email to Class Counsel or the Administrator using the contact information listed below, or consult the Superior Court website by going to (http://www.lacourt.org) and entering the Case Number for the Action, Case No. 22STCV11381. You can also make an appointment to personally review court documents in the Clerk’s Office at the Stanley Mosk Courthouse by calling (213) 830-0800.

Do not telephone the Superior Court to obtain information about the Settlement.

10. What if I lose my Settlement check?

If you lose or misplace your settlement check before cashing it, the Administrator will replace it as long as you request a replacement before the void date on the face of the original check. If your check is already void, you should consult the Unclaimed Property Fund at https://www.sco.ca.gov/search_upd.html for instructions on how to retrieve the funds.

11. What if I change my address?

To make sure you receive your check, or any other important information regarding this case, you should immediately notify the Administrator if you move or otherwise change your mailing address.