FAQs
- What is the purpose of the Notice?
- What is this lawsuit about?
- What does the lawsuit complain about?
- Has the Court decided who is right?
- Who is paying what for the settlement?
- How will the settlement be divided?
- What are the requests for attorneys’ fees, costs, settlement administration costs and an enhancement award to Plaintiff?
- How will the Net Settlement Amount be divided amongst Class Members?
- What claims would I be releasing if I participate in the settlement?
- How do I receive my share of the settlement?
- Can I object to the settlement?
- Can I opt-out of the settlement?
- Will I be retaliated for participating in the settlement?
- Do I have a lawyer in this case?
- How and when will the Court provide final approval of the settlement?
- When will I get my settlement check?
- Are more details available?
- What is the purpose of the Notice?
Plaintiffs and Chase have reached a settlement of a class and representative action regarding Business Relationship Managers (“BRM”) I, II, III, or Senior BRMs in the State of California at any time between February 1, 2014 to March 1, 2019 (the “Class Period”). The lawsuit is known as Posadas v. JPMorgan Chase Bank, Civil Case No. 37-2018-00005816-CU-OE-CTL, pending in the San Diego Superior Court (“the Action”).
Top - What is this lawsuit about?
The lawsuit is about whether Chase should have reimbursed individuals employed in the positions of BRM I, II, II, or Senior BRM for necessary business-related expenditures.
Top - What does the lawsuit complain about?
In the lawsuit, Plaintiffs contend that Chase violated California law, including the California Labor Code, by failing to reimburse Business Relationship Managers for certain business-related expenditures. You can read Plaintiffs’ allegations as stated in the First Amended Complaint, which is available here.
Top - Has the Court decided who is right?
The Court hasn’t decided whether Chase or the Plaintiffs are correct. Chase and the Plaintiffs reached a settlement by mediating the case with a neutral third party.
Top - Who is paying what for the settlement?
Chase has agreed to pay $1,312,834.36 (“Maximum Settlement Amount”) to settle all claims of Plaintiffs, Class Members, Representative Action Members, and Class Counsel.
Top - How will the settlement be divided?
All Class Members will split a fund of approximately $776,723.00 (“Net Settlement Amount”).
Top - What are the requests for attorneys’ fees, costs, settlement administration costs and an enhancement award to Plaintiff?
Class Counsel will request that the Court award Attorneys’ fees of up to $437,611.45. Class Counsel will also request that the Court award proven costs to Class Counsel not to exceed $20,000. Counsel will also request that the Court award costs for Settlement Administration to be paid to the Settlement Administrator, not to exceed $23,500. Counsel will also request that the Court award an enhancement fee to Plaintiffs for their service, not to exceed $5,000 each. Counsel will also ask the Court to authorize payment of civil penalties to the California Labor and Workforce Development Agency in the amount of $45,000.
Top - How will the Net Settlement Amount be divided amongst Class Members?
The Net Settlement Amount shall be divided between the Class Members based upon the percentage of his or her number of workweeks of employment as a BRM I, II, III, or Senior BRM for Chase in California during the Class Period compared to the total number of workweeks worked by all Class Members participating in the settlement during the Class Period. This will allow Class Members who worked more workweeks during the Class Period to receive a higher portion of the settlement.
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Settlement payments will be allocated as follows: 100% to claims of penalties and expense reimbursements. You should consult with a tax advisor concerning the tax consequences of the payment you receive under the Settlement. - What claims would I be releasing if I participate in the settlement?
Released State Law Claims: Upon Final Approval of the Settlement, each Class Member shall be deemed to have fully, finally, and forever released Chase Releasees, as that term is defined in the Stipulation of Settlement, from all Released State Law Claims from February 1, 2014 to March 1, 2019. Released State Law Claims are any and all claims, obligations, demands, actions, rights, causes of action, and liabilities against Chase Releasees, whether in law or equity, and related or derivative claims for violations of California Labor Code Section 2802 for the failure to reimburse employees for necessary business-related expenditures that have been or could have been asserted from February 1, 2014 through March 1, 2019. The Released State Law Claims include but are not limited to: (a) any and all claims asserted in the Posadas Action; (b) any and all claims which arose under applicable state law for reimbursement for all necessary business costs, expenditures, or expenses incurred by any Class Member in connection with their employment with Chase; and (c) all claims for penalties or additional damages which allegedly arise from the claims described in (a) through (b) above under any applicable law, including all such claims that are existing and have been asserted as of March 1, 2019. The Released State Law Claims are the claims meeting the above definition under any and all applicable statutes, regulations, or common law, including without limitation claims under the California Labor Code (including claims under California Labor Code Private Attorneys General Act (“PAGA”) on behalf of the State of California), the California Business & Professions Code, and the California Industrial Welfare Commission Wage Orders.
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Released PAGA Claims: Upon Final Approval of the Settlement, each Representative Action Member shall be deemed to have fully, finally, and forever released Chase Releasees, as that term is defined in the Stipulation of Settlement, from all Released PAGA Claims from November 2, 2016 through March 1, 2019. Released PAGA Claims are any and all claims, obligations, demands, actions, rights, causes of action, and liabilities against Chase Releasees, as that term is defined in the Stipulation of Settlement, under PAGA for violation of California Labor Code Section 2802 for the failure to reimburse aggrieved employees for necessary business-related expenditures that have been or could have been asserted from November 2, 2016 through March 1, 2019. - How do I receive my share of the settlement?
To receive your share of the Settlement, you do not need to take any action. If the Settlement is approved by the Court, you will receive a Settlement Payment and you will be bound by the terms of the Settlement and Release of Claims. The Settlement Administrator will send you any monies you are entitled to under the Settlement. If you change your address, you must mail or email a notification of your new address to the Settlement Administrator.
The Settlement Administrator is:
Posadas v JPMorgan Chase Bank
Settlement Administrator
P.O. Box 404041
Louisville, KY 40233-4041
info@PosadasSettlement.comBy not excluding yourself from the Settlement, you will be bound by all the terms of the Settlement, and you will have permanently waived and released any claims you may have relating to the action, including the Released State Law Claims and the Released PAGA Claims as set forth above, and you will be prevented from suing Chase or participating in any other litigation or class action relating to the matters being settled in the action.
Top - Can I object to the settlement?
Yes. If you do not submit an Opt Out form but disagree with any portion of the Settlement terms, you have the right to file an objection. If you file a timely written objection to the Settlement with the Court and submit a copy of your written objection to the Settlement Administrator with a postmark on or before August 13, 2019, the Court may consider and may rule on any objection you have to the Settlement. In order to be heard or to have papers or briefs considered by the Court, any objecting Class Member must first file, by August 13, 2019, an original and one copy of both the notice of intention to appear and the objections, with the court at:
Superior Court of California, County of San Diego
Courtroom C-68
330 W Broadway
San Diego, CA 92101If you opt-out of the Settlement, you will be ineligible to object to the Settlement. Any written objections must state each specific reason in support of your objection and any legal support for each objection. Your objection must also state your full name and address. Copies of all documents filed with the Clerk of the court must also be submitted to the Settlement Administrator with a postmark on or before August 13, 2019.
Top - Can I opt-out of the settlement?
Yes. Settlement Class members who wish to “opt-out” of and be excluded from the settlement must either: (1) complete the electronic form on the settlement website to “opt out” of the settlement no later than August 13, 2019; or (2) send to the Settlement Administrator a written request for exclusion or “Opt Out” that must: (a) be in writing; (b) state the name, address and telephone number of the Class Member; (c) social security number; (d) contain a statement to the effect of: “I wish to be excluded from the Settlement.” and (e) be post-marked no later than August 13, 2019. The Class Member must electronically acknowledge the Opt Out request on the settlement website, or must personally sign the written Opt Out request.
If you file a timely and valid Opt-Out Form, you will no longer be a member of the Class, and you will not be eligible to receive any of the benefits under the Settlement or object to the terms of the Settlement. You will not be bound by the Released State Law Claims against Chase.
However, if you submit a valid Opt-Out form but you also are a Representative Action Member, you still will be bound by the Released PAGA Claims.
Yes. Settlement Class members who wish to “opt-out” of and be excluded from the settlement must either: (1) complete the electronic form on the settlement website to “opt out” of the settlement no later than August 13, 2019; or (2) send to the Settlement Administrator a written request for exclusion or “Opt Out” that must: (a) be in writing; (b) state the name, address and telephone number of the Class Member; (c) social security number; (d) contain a statement to the effect of: “I wish to be excluded from the Settlement.” and (e) be post-marked no later than August 13, 2019. The Class Member must electronically acknowledge the Opt Out request on the settlement website, or must personally sign the written Opt Out request.
If you file a timely and valid Opt-Out Form, you will no longer be a member of the Class, and you will not be eligible to receive any of the benefits under the Settlement or object to the terms of the Settlement. You will not be bound by the Released State Law Claims against Chase.
However, if you submit a valid Opt-Out form but you also are a Representative Action Member, you still will be bound by the Released PAGA Claims.
Top - Will I be retaliated for participating in the settlement?
No. Chase has agreed to this Settlement and will not discriminate or retaliate against any Class Member who accepts benefits under the Settlement. Your participation in this lawsuit will in no way affect your employment relationship with Chase or any other employer.
Top - Do I have a lawyer in this case?
Yes. The Court decided that the law firms of Meservy Law, P.C., Dente Law, P.C., Glick Law Group, P.C., James R. Hawkins, APLC, and Sean S. Vahdat & Associates, APLC and their lawyers are qualified to represent you and all Class Members. These law firms and their attorneys are referred to as “Class Counsel.”
Top - How and when will the Court provide final approval of the settlement?
The San Diego Superior Court will hold a hearing on September 20, 2019 at 10:30 a.m. in Courtroom C-68, located at 330 W Broadway, San Diego, CA 92101, to determine whether the Settlement should be finally approved as fair, reasonable, and adequate. The Court also will be asked to approve Class Counsel’s request for attorneys’ fees, costs and expenses, settlement administration costs, and incentive awards to the Plaintiffs. The hearing may be continued without further notice to the Class. It is not necessary for you to appear at this hearing unless you object to the proposed settlement and you have timely filed a notice of intention to appear and an objection with the Court.
Top - When will I get my settlement check?
If there are no appeals to the Settlement and the Court grants final approval, the checks will be mailed out approximately 75 days after the hearing, currently scheduled for September 20, 2019.
Top - Are more details available?
This website contains specific documents related to this case and access the Notice and Opt-Out Form. There is no charge to view the documents on the website.
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You may also contact Counsel for Plaintiffs or Chase for information about this lawsuit:
• Contact Class Counsel:
London Meservy
Meservy Law, P.C.
401 West A Street, Suite 1712
San Diego, CA 92101
Tel. 1-858-779-1276
Fax. 1-866-231-8132
london@meservylawpc.com
• Contact Counsel for Chase:
Carrie A. Gonell
Morgan Lewis & Bockius LLP
600 Anton Boulevard, Suite 1800
Costa Mesa, CA 92626
Tel. 1-714-830-0600
Fax. 1-714-830-0700
carrie.gonell@morganlewis.com
Do not call, write or otherwise contact the Court or anyone employed by the Court.