Erami, et al. v. JPMorgan Chase Bank, N.A. Class Action Settlement

Frequently Asked Questions

  1. What is this lawsuit about?
  2. Why am I receiving this Notice?
  3. What does the lawsuit complain about?
  4. Has the Court decided who is right?
  5. Who is paying for the settlement?
  6. How will the settlement be divided?
  7. What are the requests for attorneys' fees, costs, settlement administration costs and an enhancement award to Plaintiffs?
  8. How will the Net Settlement Amount be divided amongst Class Members?
  9. How many work weeks did I work during the class period and what will my approximate recovery be?
  10. What claims would I be releasing if I participate in the settlement?
  11. How do I receive my share of the settlement?
  12. Can I dispute the number of work weeks Chase claims I worked?
  13. Can I object to the settlement?
  14. Can I opt-out of the settlement?
  15. What if I do nothing?
  16. Will I be retaliated for participating in the settlement?
  17. Do I have a lawyer in this case?
  18. How and when will the Court provide final approval of the settlement?
  19. When will I get my settlement check?
  1. What is this lawsuit about?

    The lawsuit is about wage and hour claims, including whether Chase should have paid its exempt Assistant Branch Managers if they worked overtime, whether it should have provided for meal and rest breaks, and whether they were paid all of their wages at time of termination.   

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  2. Why am I receiving this Notice?

    You have been identified by Chase as someone who worked for Chase as an exempt Assistant Branch Manager in California at some time between February 25, 2011 and March 5, 2018.

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  3. What does the lawsuit complain about?

    In the lawsuit, Plaintiffs contend that Chase violated California law, including the California Labor Code, by misclassifying certain Assistant Branch Managers as exempt, thus improperly denying them overtime compensation, meal and rest breaks, and failed to pay them all of these wages at time of termination.  Plaintiffs sought compensation for these claims.  You can read Plaintiffs’ allegations as stated in the Third Amended Complaint, which is found here www.evjpmcb.com

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  4. Has the Court decided who is right?

    The Court hasn’t decided whether Chase or the Plaintiffs are correct. Chase and Plaintiffs reached a settlement by mediating the case with a neutral third party. 

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  5. Who is paying for the settlement?

    Chase has agreed to pay $8,333,333.00 (“Gross Settlement Value”) to settle all claims of Plaintiffs, Class Members and Class Counsel.

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  6. How will the settlement be divided?

    All Class Members will split a fund of approximately $5,335,000.00 (“Net Settlement Amount”).  

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  7. What are the requests for attorneys' fees, costs, settlement administration costs and an enhancement award to Plaintiffs?

    Class Counsel will request that the Court award Attorneys’ fees of up to $2,777,777.67 (33.3% of the Gross Settlement Value).   Counsel will also request that the Court award proven costs to Class Counsel not to exceed $55,000.  Counsel will also request that the Court award costs for Settlement Administration to be paid to the Settlement Administrator, not to exceed $33,000.  Counsel will also request that the Court award an enhancement fee to Plaintiffs for their service, not to exceed $15,000 total to be split among the three plaintiffs.  Counsel will also ask the Court to authorize payment to the LWDA in the amount of $75,000.  

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  8. 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 an exempt Assistant Branch Manager at Chase during the Class Period compared to the total number of workweeks worked by all Class Members participating in the settlement.  This will allow Claimants who worked more workweeks during the Class Period to receive a higher amount of the settlement. 

    Settlement payments will be allocated as follows:  50% to unpaid wages, 25% to penalties and 25% to interest.  You must pay your own portion of payroll and income taxes on the 50% of each settlement payment that is unpaid wages, and such amounts will be withheld from settlement payments.  Chase will pay its share of payroll taxes.  You should consult with a tax advisor concerning the tax consequences of the payment you receive under the Settlement.

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  9. How many work weeks did I work during the class period and what will my approximate recovery be?

    The class period began on February 25, 2011, and ended on March 5, 2018.  According to Chase’s records, the number of workweeks you worked as an exempt Assistant Branch Manager in California during this time period is set forth on the Claim Form. If you dispute these dates, you should provide written evidence supporting your claim before June 12, 2018 and send to:

    Erami, et al. v. JPMorgan Chase Bank, N.A. Class Action Administrator
    KCC Class Action Services
    P.O. Box 404041
    Louisville, KY 40233-4041
    1-866-658-9717

    Based on your work dates, the approximate amount of your recovery will also be set forth in the Claim Form.  This amount may change depending on participation in the settlement by all class members (e.g., if a class member opts out of the settlement, your amount may increase by a percentage of those settlement proceeds). 

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  10. What claims would I be releasing if I participate in the settlement?

    Upon Final Approval of the Settlement, each Class Member who has not opted out of the Settlement shall be deemed to have fully, finally, and forever released Settling Defendants, as that term is defined in the Stipulation of Settlement, from all Settlement Class Released Claims through March 5, 2018.    Settlement Class Released Claims are any and all claims that accrued during or prior to February 25, 2011 and that have been or could have been asserted in the instant Action, including but not limited to any and all claims for overtime, minimum wage, meal and rest breaks, and waiting time penalties, and any and all claims that are derivative or directly related to the foregoing claims, which include any and all claims:  for penalties, premium pay, punitive damages, and interest; for failure to furnish accurate wage statements; for violation(s) under the California Labor Code Private Attorneys General Act (“PAGA”); for violation(s) under the Employee Retirement Income Security Act (“ERISA”); under California Labor Code Sections 201, 202, 203, 204, 210, 223, 224, 226, 226.3, 226.7, 510, 512, 558, 1194, 1197, 1197.1, and 1198; for violation(s) of the California Business & Professions Code; and/or under the common law, such as conversion and unjust enrichment.  All Settlement Class Members shall be bound by the release whether or not they return the Claim Form necessary to receive payment of their allocated settlement amount, unless they formally opt-out.  All Settlement Class Members who submit a Claim Form shall also release any and all claims under the FLSA, including but not limited to claims under 29 U.S.C. § 206, 211(c) and 215(a), including liquidated damages, whether known or unknown, that accrued or accrue prior to the later of the Preliminary Approval Date or the date the Settlement Class Member signed the Claim Form.

    Settlement is further conditioned upon all Settling Class Members releasing any claim under Labor Code § 2699, and upon covenant not to participate in any proceeding seeking penalties under § 2699 for claims pled in the Third Amended Complaint or that could have been pled.  

    This Settlement is intended to include in its effect all Settlement Class Released Claims including claims that each member of the Settlement Class does not know or suspect to exist in his or her favor against Settling Defendants at the time of the release that are directly related to the Released Claims, as described above.  The members of the Settlement Class shall be deemed to have expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights, and benefits they may otherwise have had relating to the Settlement Class Released Claims pursuant to Section 1542 of the California Civil Code, which provides as follows:

    A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known to him or her must have materially affected his or her settlement with the debtor.  

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  11. How do I receive my share of the settlement?

    You may also complete and submit a Claim Form here. To receive your share of the Settlement, you must sign and submit your Claim Form to the Settlement Administrator on or before June 12, 2018. 

    The Settlement Administrator is:

    Erami, et al. v. JPMorgan Chase Bank, N.A. Class Action Administrator
    KCC Class Action Services
    P.O. Box 404041
    Louisville, KY 40233-4041
    1-866-658-9717

    By completing and submitting a Claim Form, you are giving your written consent to becoming a party Plaintiff in the action, you will be considered to have “opted in” to the action,  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 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.  Chase has agreed to this settlement and will not discriminate or retaliate against any Class Member who submits a Claim Form or who accepts benefits under the Settlement.  

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  12. Can I dispute the number of work weeks Chase claims I worked?

    Yes.  The Claim Form found here contains the number of weeks Chase’s records reflect that you worked as an exempt Assistant Branch Manager in California between February 25, 2011 and March 5, 2018.  If you disagree with those work weeks, you may file a written dispute with the Settlement Administrator by June 12, 2018. If you file a timely written dispute as to the number of work weeks, you should submit written proof proving your dispute.  Chase will decide all disputes and its decision will be binding and final.  DO NOT CONTACT THE COURT TO DISPUTE YOUR WORK WEEKS.

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  13. Can I object to the settlement?

    Yes.  If you file a Claim 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 serve both Plaintiffs’ and Defense counsel with that objection, 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 June 12, 2018, an original and one copy of both the notice of intention to appear and the objections, with the court at:

    United States District Court
    for the Central District of California
    Courtroom 6A
    350 West First Street
    Los Angeles, CA 90012

    If you opt-out of the Settlement, you will be ineligible to object to the Settlement.  Any written objections shall 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 sent to the following counsel:

    Class Counsel:

    Counsel for Defendant:

    Edward J. Wynne
    Wynne Law Firm
    80 E. Sir Francis Drake Blvd., Suite 3G
    Larkspur, CA 94939
    Tel. 1-415-461-6400
    Fax. 1-415-461-3900
    Email: ewynne@wynnelawfirm.com

    Carrie A. Gonell
    Morgan, Lewis & Bockius LLP
    600 Anton Blvd., Suite 1800
    Costa Mesa, CA 92626
    Tel. 1-714-830-0600
    Fax. 1-714-830-0700
    Email: carrie.gonell@morganlewis.com

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  14. Can I opt-out of the settlement?

    Yes. Settlement Class members who wish to “opt-out” of and be excluded from the settlement must submit a written Request for Exclusion from the Settlement and must be post-marked no later than June 12, 2018.  The request to opt-out must include (a) your name, (b) a statement that you desire to exclude yourself from the case, and (c) the last four digits of your social security number.

    If you file a timely and valid written request for exclusion, 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 terms of the Settlement, and may pursue any claims you may have, at your own expense, against Chase.

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  15. What if I do nothing?

    If you do nothing, you will not receive any share under the Settlement or any payments from the Net Settlement Fund.  However, if you do nothing, you will still nevertheless be bound by all the terms of the Settlement, including the waiver and release of all Released Claims relating to the Action as set forth above (including the waiver and release of unknown claims) except for claims under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq., and you will be prevented from suing Chase or participating in any other litigation or class action relating to the matters being settled in this action.

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  16. Will I be retaliated for participating in the settlement?

    No.  California law prohibits retaliation by an employer against any person who participates in or assists in the litigation of an overtime lawsuit such as this one.  Your participation in this lawsuit will in no way affect your employment relationship with Chase or any other employer.   

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  17. Do I have a lawyer in this case?

    Yes.  The Court decided that Edward J. Wynne of Wynne Law Firm and its lawyers are qualified to represent you and all Class Members.  Wynne Law Firm and its attorneys are referred to as “Class Counsel.”

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  18. How and when will the Court provide final approval of the settlement?

    The District Court for the Central District of California will hold a hearing on September 10, 2018, at 1:30 p.m. in Courtroom 6A, located at 350 West First Street, Los Angeles, CA 90012 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 an incentive award to the Plaintiffs. The hearing may be continued without further notice to the Settlement 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.

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  19. When will I get my settlement check?

    If there are no appeals to the settlement and the Court provides final approval, the checks will be mailed out appriximately 35 days after the hearing, currently scheduled for September 10, 2018.

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