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I am in the Carls Karcher wage and hour case but i can not do nothing to fight my unpaid breaks with the labor commission why?

Long Beach, CA |

i was supposed to receive some letters telling me some detail info about this case and i never got it. some people (5) is suing carls jr for almost 1.5 million and i am suing for almost 13 thousand with the labor commission but they told me since i never returned this form it automatically makes me part of this action.and if i am part of the action the labor commission does not procede to my case i need to know what is the best for my pocket.

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Attorney answers 3


You need to read the notices you have received pertaining to the class action lawsuit you are referring to. We know nothing about the case or what you were required to do. I can only guess you were required to opt out of the case by a certain date if you wanted to pursue an individual claim and failed to do so. But my guess means nothing since I'm not privy to this particular case.

You should either ask the deputy Labor Commissioner why the DLSE has no jurisdiction over your claim or contact the lawyers who are handling the class action and see if it is too late to opt out of the class.

They say you get what you pay for, and this response is free, so take it for what it is worth. This is my opinion based on very limited information. My opinion should not be taken as legal advice. For true advice, we would require a confidential consultation where I would ask you questions and get your complete story. This is a public forum, so remember, nothing here is confidential. Nor am I your attorney. I do not know who you are and you have not hired me to provide any legal service. To do so would require us to meet and sign written retainer agreement. My responses are intended for general information only.


The basic proposition you are dealing with is that you cannot proceed in two separate venues to complain about the same legal wrong. You cannot be a member of the class action seeking adjudication of your wage and hour issues and also ask the DLSE to determine the issue.

At some point you have been or will be asked to opt in or out of the class action. Once you opt in, or fail to timely opt out, you will be stuck with proceeding with the class action. Furthermore, the statute of limitations might run on a private claim if the class action has been proceeding for some time and a good amount of time has run since the violations occurred.

You need to address this question to your class action attorney.

Good luck to you.

This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.


This is one of those times where I say I would need more information to help you. I've had several wage and hour class actions for unpaid overtime, rest and meal periods, etc. against fast food chains. Those chains are typically franchises and not directly linked to the corporation. Thus, what I'd like to know is if the class action settlement covered the franchise where you worked, or if your location was a corporate-owned store.

The other thing you may want to do is contact the "Third Party Administrator," the company who mailed the notices. If any of your friends/co-workers received the notice, it should identify the company and provide a phone number. Call them and find out if your name is on the list. If it is on the list, you'll want to find out if they received a returned mail notice concerning any packages sent to you, when the distribution is, and whether it's too late to opt-out of the settlement or accept its terms (and collect.)

If you were not on the list, there's a chance that you could continue your claim through the labor commissioner.

There's a lot of open issues here. But at the very least, contact the third party administrator.