Frequently Asked Questions

1. What is the Action about?

Plaintiffs are former employees of Menasha and/or temporary workers assigned to work at Menasha by staffing agencies, including but not limited to Simplified Labor Staffing Solutions, Inc. The Action accuses the Companies of violating California labor laws by failing to pay employees for all hours worked at the minimum wage and/or applicable overtime rate of pay; failing to provide legally compliant meal periods and/or pay meal period premium wages; failing to provide legally compliant rest periods and/or pay rest period premium wages; failing to reimburse employees with business related expenses; failing to timely pay employees; failing to provide accurate wage statements; failing to provide adequate facilities or conditions; and failing to timely pay employee all earned and unpaid wages due upon separation of employment. Based on the same claims, Plaintiffs have also asserted claims for civil penalties under the California Private Attorneys General Act (Labor Code §§ 2698, et seq.) (“PAGA”). Plaintiffs Yasmin Aguirre, Ramon Ortiz Partida, and Edelmira Armenta are represented by James Hawkins, APLC, Plaintiff Leonard Enriquez is represented by The Nourmand Law Firm, APC, and Plaintiff Esiquio Tello is represented by Lavi & Ebrahimian, LLP, (collectively, “Class Counsel”).

The Companies strongly deny violating any laws or failing to pay any wages and contend they complied with all applicable laws.

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

So far, the Court has made no determination whether the Companies or Plaintiffs are correct on the merits. In the meantime, Plaintiffs and the Companies hired an experienced, neutral mediator in an effort to 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 the Companies 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, the Companies do 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) the Companies have 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 and Aggrieved Employees. 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. The Companies Will Pay $1,732,500.00 (One Million, Seven Hundred Thirty-Two Thousand, Five Hundred Dollars and No Cents) as the Maximum Settlement Amount (Maximum Settlement). The Companies have agreed to deposit the Maximum Settlement into an account controlled by the Administrator of the Settlement. The Administrator will use the Maximum Settlement to pay the Settlement payments to Participating Class Members, PAGA Settlement Amount, Enhancement Payments to Plaintiffs, Attorneys’ Fees and Costs to Class Counsel, Settlement Administration Costs to the Settlement Administrator. Assuming the Court grants Final Approval, the Companies will fund the Maximum Settlement not more than twenty (20) days after the Judgment entered by the Court becomes 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 Maximum Settlement. At the Final Approval Hearing, Plaintiffs and/or Class Counsel will ask the Court to approve the following deductions from the Maximum Settlement, the amounts of which will be decided by the Court at the Final Approval Hearing:

   1. Up to $779,625.00 (Seven Hundred Seventy-Nine Thousand Six Hundred Twenty-Five Dollars and No Cents) (45% of the Gross Settlement) to Class Counsel for attorneys’ fees and up to $57,500 for their litigation expenses. To date, Class Counsel have worked and incurred expenses on the Action without payment.

   2. Up to $10,000.00 (Ten Thousand Dollars and No Cents) to each Named Plaintiff for a total of $50,000.00 (Fifty Thousand Dollars and No Cents) as Class Representative Awards for filing the Action, working with Class Counsel and representing the Class. The Class Representative Awards will be the only monies Plaintiffs will receive other than Plaintiffs’ Individual Class Payments and any Individual PAGA Payments.

   3. Up to $39,374.41 (Thirty-Nine Thousand Three Hundred Seventy-Four Dollars and Forty-One Cents) to the Administrator for services administering the Settlement.

   4. Up to $75,000.00 (Seventy-Five Thousand Dollars and No Cents) for PAGA Settlement, allocated 75% ($56,250.00 or Fifty-Six Thousand Two Hundred and Fifty Dollars) to the LWDA PAGA Payment and 25% ($18,750.00 or Eighteen Thousand Seven Hundred and Fifty Dollars and No Cents) in Individual PAGA Payments to the Aggrieved Employees based on their PAGA Period Workweeks.

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 Maximum Settlement (the “Net Settlement”) by making Individual Class Payments to Participating Class Members based on their Class Period Workweeks.

4. Taxes Owed on Payments to Class Members. Plaintiffs and the Companies are asking the Court to approve an allocation of 20% (“Wage Portion”) of each Individual Class Payment to taxable wages and 80% (“Non-Wage Portion”) of each Individual Class Payment to penalties and interest. The Wage Portion is subject to withholdings and will be reported on IRS W-2 Forms. The Companies will separately pay employer payroll taxes it owes on the Wage Portion. The Individual PAGA Payments are counted as penalties rather than wages for tax purposes. The Administrator will report the Individual PAGA Payments and the Non-Wage Portions of the Individual Class Payments on IRS 1099 Forms.

Although Plaintiffs and the Companies 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 on back taxes) 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.

5. Need to Promptly Cash Payment Checks. The front of every check issued for Individual Class Payments and Individual PAGA Payments will show the date when the check expires (the void date). If you do not cash it by the void date, your check 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 are sent to the Controller’s Unclaimed Property Fund, you should consult the rules of the Fund for instructions on how to retrieve your money.

6. 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 November 21, 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 Response Deadline. The Request for Exclusion should be a letter from a Class Member or his/her representative setting forth a Class Member’s name, present address, telephone number, and a simple statement electing to be excluded from the Settlement. Excluded Class Members (i.e., Non-Participating Class Members) will not receive Individual Class Payments but will preserve their rights to personally pursue wage and hour claims against the Companies.

7. You cannot opt out of the PAGA portion of the Settlement. Class Members who exclude themselves from the Class Settlement (Non-Participating Class Members) remain eligible for Individual PAGA Payments and are required to give up their right to assert PAGA claims against the Companies based on the PAGA Period facts alleged in the Action.

8. 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 the Companies have agreed that, in either case, the Settlement will be void: the Companies will not pay any money and Class Members will not release any claims against the Companies.

9. Administrator. The Court has appointed a neutral company, Simpluris (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 Workweeks, 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.

10. Participating Class Members’ Release. After the Judgment is final and the Companies have fully funded the Maximum Settlement Amount 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 opted out by validly excluding yourself from the Class Settlement, you cannot sue, continue to sue, or be part of any other lawsuit against the Companies or related entities or other companies released in the Settlement for wages based on the Class Period facts and PAGA penalties based on PAGA 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, shall fully, finally, and forever release and discharge each and every one of the Released Parties from any and all claims alleged in the operative Complaint in the Action, or that could have been alleged in the operative Complaint or ascertained in the Action based on the factual allegations pled in the operative Complaint in the Action, including claims for: failure to pay for all hours worked at the minimum wage and/or applicable overtime rates of pay; failure to provide legally compliant meal periods and/or pay meal period premium wages; failure to provide legally complaint rest periods and/or pay rest period premium wages; failure to indemnify for employment-related expenditures; failure to timely pay earned wages during employment; failed to provide adequate physical conditions and/or facilities, including but not limited to adequate seating, restrooms and temperatures; failure to furnish accurate wage statements; failure to timely pay all earned and unpaid wages due upon separation of employment; and unfair competition claims under California Business & Professions Code §17200, et seq. based on the facts, omissions and Labor Code violations alleged in any operative complaints to have occurred during the Settlement Period (“Released Class Claims”). The Released Class Claims include all causes of action and claims for relief, premised on: violations of Labor Code sections 201, 202, 203, 204, 218, 218.5, 218.6, 226(a), 226, 226(h), 226.3, 226.7, 256, 510, 512, 512(a), 558, 558.1, 1174(d), 1174.5, 1194, 1194.2, 1194.5, 1197, 1197.1, 1198, 1199(c), 2260, 2350, 2698, et seq., 2699(a) -(g), 2699.3, 2800, 2802, 6400, 6402 and 6404; Wage Orders 4 and/or 9; 8 Code of Regulations section 3364; and Civil Code 3287. Participating Class Members do not release claims for vested benefits, 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 Settlement Period.

11. Aggrieved Employees’ PAGA Release. After the Court’s judgment is final, the Companies have paid the Maximum Settlement Amount and separately paid the employer-side payroll taxes, all Aggrieved Employees will be barred from asserting PAGA claims against the Companies, whether or not they exclude themselves from the Settlement. This means that all Aggrieved Employees, including those who are Participating Class Members and those who opt out of the Class Settlement, cannot sue, continue to sue, or participate in any other PAGA claim against the Companies or its related entities based on the PAGA Period facts alleged in the Action and resolved by this Settlement.

    The Aggrieved Employees’ Releases for Participating and Non-Participating Class Members are as follows:

All Participating and Non-Participating Class Members who are Aggrieved Employees are deemed to release, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, and the State of California and its LWDA, shall fully, finally, and forever release and discharge any and all claims for civil penalties under PAGA based on the causes of action and Labor Code violations alleged in the operative Complaint in the Action and Plaintiffs’ notices sent to the LWDA, including attorneys’ fees and costs related thereto, regardless of whether PAGA Group Members opt out from the Settlement Agreement (collectively, the “Released PAGA Claims”). The Released PAGA Claims include all causes of action and claims for civil penalties alleged in the operative Complaint in the Action, or that could have been alleged in the operative Complaint or ascertained in the Action based on the factual allegations pled in the operative Complaint in the Action, including claims for violations of Labor Code sections 201, 202, 203, 204, 218, 218.5, 218.6, 226(a), 226, 226(h), 226.3, 226.7, 256, 510, 512, 512(a), 558, 558.1, 1174(d), 1174.5, 1194, 1194.2, 1194.5, 1197, 1197.1, 1198, 1199(c), 2260, 2350, 2698, et seq., 2699(a) -(g), 2699.3, 2800, 2802, 6400, 6402 and 6404; Wage Orders 4 and/or 9; 8 Code of Regulations section 3364; and Civil Code 3287.

4. How will the Administrator calculate my payment?

1. Individual Class Payments. The Administrator will calculate Individual Class Payments based on each Individual Settlement Class Members’ workweeks worked as Rounding Settlement Class Members and/or Non-Rounding Settlement Class Members.

1. Rounding Settlement Class Members are Settlement Class Members who were employed by Menasha or worked at Menasha from January 15, 2017, through January 16, 2022, (“Rounding Period”) and were subject to Defendants’ rounding practices, as Defendants contend that they ceased rounding on January 16, 2022.

1. The Individual Settlement Payment for each Rounding Settlement Class Member who does not opt out and is deemed a Participating Class Member shall be calculated as follows: (i) the number of Workweeks each participating Rounding Settlement Class Member worked as an hourly non-exempt employee for Defendants in California during the Rounding Period; divided by (ii) the aggregate number of Workweeks for all participating Rounding Settlement Class Members during the Rounding Period; and then multiplied by (iii) the 80% of the Net Settlement Amount. The Workweeks worked shall be calculated using the payroll and timekeeping records of the Defendants and any applicable staffing companies.

2. Non-Rounding Settlement Class Members are Settlement Class Members who were employed by Menasha or worked at Menasha from January 17, 2022, through September 15, 2024, (“Non-Rounding Period”) and were not subject to Defendants’ rounding practices.

1. The Individual Settlement Payment for each Non-Rounding Settlement Class Member who does not opt out and is deemed a Participating Class Member shall be calculated as follows: (i) the number of Workweeks each participating Non-Rounding Settlement Class Member worked as an hourly non-exempt employee for Defendants in California during the Non-Rounding Period; divided by (ii) the aggregate number of Workweeks for all participating Non-Rounding Settlement Class Members during the Non-Rounding Period; and then multiplied by (iii) the 20% of the Net Settlement Amount.

The Workweeks worked shall be calculated using the Companies’ records and/or the records of staffing agencies relating to payroll and timekeeping records.

2. Individual PAGA Payments. The Administrator will calculate Individual PAGA Payments by (a) dividing $18,750.00 by the total number of PAGA Workweeks worked by all Aggrieved Employees and (b) multiplying the result by the number of PAGA Period Workweeks worked by each individual Aggrieved Employee.

3. Workweek Challenges. The number of Class Workweeks you worked during the Class Period and the number of PAGA Workweeks you worked during the PAGA Period, as recorded in the Companies’ records and/or the records of staffing agencies relating to payroll and timekeeping records, are stated in the first page of the Notice. You have until November 21, 2026, to challenge the number of Workweeks credited to you. You can submit your challenge by signing and sending a letter to the Administrator via mail, email or fax. Question 9 has the Administrator’s contact information.

You need to support your challenge by sending copies of pay stubs or other records. The Administrator will accept the Companies’ calculation of Workweeks based on the Companies’ 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 Workweek challenges based on your submission and on input from Class Counsel (who will advocate on behalf of Participating Class Members) and the Companies’ Counsel. The Administrator’s decision is final. You cannot appeal or otherwise challenge its final decision.

5. How will I get paid?

1. Participating Class Members. The Administrator will send, by U.S. mail, a single check to every Participating Class Member (i.e., every Class Member who does not opt out) including those who also qualify as Aggrieved Employees. The single check will combine the Individual Class Payment and the Individual PAGA Payment.

2. Non-Participating Class Members. The Administrator will send, by U.S. mail, a single Individual PAGA Payment check to every Aggrieved Employee who opts out of the Class Settlement (i.e., every Non-Participating Class Member).

Your check will be sent to the same address as the Notice. If you change your address, be sure to notify the Administrator as soon as possible. Question 9 has 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 Tello v. Menasha Packaging, LLC, et al., 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. The Administrator must be sent your request to be excluded by no later than forty-five (45) days after the Administrator mails the Class Notice (plus an additional fourteen (14) days for Class Members whose Class Notice is remailed), or it will be invalid. Question 9 has 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 the Companies are asking the Court to approve. At least 16 court days before the February 9, 2027 Final Approval Hearing, Class Counsel and/or Plaintiffs 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 Service Award stating (i) the amount Class Counsel is requesting for attorneys’ fees and litigation expenses; and (ii) the amount Plaintiffs are requesting as Class Representative Service Awards. Upon reasonable request, Class Counsel (whose contact information is in Question 9) will send you copies of these documents at no cost to you. You can also view them on the Important Documents page or the Court’s website https://www.lacourt.org.

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 November 21, 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 Tello v. Menasha Packaging, LLC, et al. and include your name, current address, telephone number, and approximate dates of employment for the Companies and sign the objection. Question 9 has 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 for specifics regarding the Final Approval Hearing.

8. Can I attend the Final Approval Hearing?

You can, but do not have to, attend the Final Approval Hearing on February 9, 2027, at 10:00 a.m. in Department 10 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, Plaintiffs, and the Administrator. The Court will invite comments from objectors, Class Counsel and Defense 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.

It is possible the Court will 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 summarize the proposed Settlement. The Agreement sets forth everything the Companies 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 go to the Important Documents page on this website. 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 (https://www.lacourt.org) and enter the Case Number for the Action, Case No. 20STCV13818.

The Contact information for the Settlement Administrator is as follows:

Esiquio Tello, et al. v. Menasha Packaging Company, LLC, et al.
c/o Settlement Administrator
P.O. Box 26170
Santa Ana, CA 92799
info@MenashaClassActionSettlement.com
Telephone: (888) 427-9229

The addresses for the Parties’ counsel are as follows:

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 for instructions on how to retrieve the funds.

11. What if I change my address?

To receive your check, you should immediately notify the Administrator if you move or otherwise change your mailing address.