Yet the 1,486 trainees will receive a presumptive two workweeks for a total of 2,972. Lots and lots of driving to make sales calls which work out sometime, but most of the time do not. Additionally, a class action is a superior method for fairly and efficiently adjudicating this controversy. Plaintiffs seek to represent a class of "[a]ll individuals who trained to become and/or worked as sales agents in California for Defendant during the last four years prior to the filing of the original Complaint." ECF No. 4; failure to provide rest periods in violation of California Labor Code 226.7 and IWC Wage Order No. Loan Litig., 418 F.3d 277, 308 (2005), a case in which the Third Circuit wrote "there exists a special danger of collusiveness when the attorney fees, ostensibly stemming from a separate agreement, were negotiated simultaneously with the settlement." All settlement agreements must naturally work off the unknown. What is the pay during the training period? Tindall Decl. Obj. In no event will any unclaimed funds revert to AIL. Please tell me the school youll use for my training.

Final approval of a class action settlement requires an assessment of whether the proposed class satisfies the requirements of Federal Rule of Civil Procedure 23(a) and (b). Id. Little to nothing. So if you want my advice : NEVER WORK FOR THEM! B, ECF No.

Plaintiffs' counsel estimate that the maximum total liability for all claims is $31,273,212. training for an insurance agent license at the job seeker's own expense. 41. of Tindall in Supp. No. only with the court's approval." Individual settlement amounts will average $590.52, and the maximum allocation is estimated to be $5,548.54. Hamilton v. American Income Life Ins. "Especially in the context of a case in which the parties reach a settlement agreement prior to class certification, courts must peruse the proposed compromise to ratify both the propriety of the certification and the fairness of the settlement." Parsons v. Ryan, 754 F.3d 657, 685 (9th Cir. Cooley Decl.

"); Avila v. Cold Spring Granite Co., 2018 WL 400315, at *6 (E.D. Webb Decl. This action is the first-filed of a group of similar actions against AIL. Staton v. Boeing Co., 327 F.3d 938, 952 (9th Cir. Reviewing the SA the first time around, the Court found that the proposed class met the requirements for, Full title:DAVID JOH, et al., Plaintiffs, v. AMERICAN INCOME LIFE INSURANCE COMPANY, Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA. Make your practice more effective and efficient with Casetexts legal research suite. Nat'l Bank of Tallahassee Second Mortg. Additionally, the Court does not find the fee arrangement in the SA is necessarily problematic. On April 16, 2019, AIL and the plaintiffs in Joh and Hamilton participated in a full-day joint mediation with an experienced employment class action mediator, David Rotman. For another, on April 2, 2019two weeks before these Plaintiffs and AIL mediatedthe late Honorable Manuel L. Real granted AIL's Motion to Dismiss in Golz and dismissed Golz's California Labor Code and FLSA claims, leaving only one of her claims remaining, her claim under California's Unfair Competition Law. 2011) ("The Court, however, recognizes that clear sailing agreements are routinely accepted in both the federal and California courts. No. ("Tindall Decl. Separately Golz, one of the objectors to the proposed Settlement, filed a case against AIL in the Los Angeles County Superior Court on October 18, 2018. Tindall Decl. This is enough to demonstrate the parties engaged in arms-length negotiations. 2022 American Income Life Insurance Company. All class members who entered into an agent contract with AIL after training during the class period will receive a rebuttable four-workweek training presumption, double weighted, plus the total number of weeks contracted as agents with AIL during the class period. No. Here, Plaintiffs contend that the putative class was subject to the same overarching compensation policy with AIL, namely that trainees were not compensated, and agents were paid only in commissions and subject to chargebacks. Through credit bureau and other public source databases, KCC performed address searches for those undeliverable packets, and was able to find updated addresses for 357 class members. But this argument doesn't pass muster. 39, which the Court granted on August 16, 2019, ECF No. During litigation, Counsel contacted over three dozen proposed class members regarding their experiences with AIL, the potential claims in the case, and the potential damages of proposed class members. 15. Id. Cal. e. Predominance of Questions of Law and Fact Common to Class. (emphasis in original). for Preliminary Approval ("Gould Decl.") Accordingly, the Court cannot approve the Settlement agreement and Plaintiffs motion must be denied. Personal attack, or mention of name, initials or function. Under Rule 23(a), A class action is maintainable only if: Here, the putative class is sufficiently numerous, approximately 6,500 people. 5, ECF No. Reply ISO Mot. *Please note, some benefits may vary by subsidiary. Compl. So the first interview came and went with all positive feedback and a second was lined up towards the end of the week, which last Friday I went to.. everything went great and they offered me the job on the spot so what went wrong you ask? Their work included coordinating their opposition to AIL's Motion to Compel Arbitration, preparing for and submitting a mediation brief, preparing for and attending the mediation with an experienced class action mediator, negotiating the terms of the Settlement and drafting it and preparing exhibits thereto, communicating with KCC, and responding to class member questions regarding the settlement. We offer a reimbursement program for expenses incurred through approved institutions of learning. transalations. They asserted that they, "like class members, were not paid while training to become agents for American Income." No. I actually had to give this company a higher rating than I honestly felt because I was otherwise being blocked by a notice saying that no employer deserves a single star rating. Id. 19, ECF No. ECF No. Rule 23(e)(2). Bank of N. Va. & Guar. Savings and Investment Plan (401K) - Eligible employees may begin participating in the plan on the first day of employment. Joh opposed, arguing that the arbitration agreement's PAGA waiver was unlawful and that the non-severability clause therefore rendered the entire section unenforceable. 7. 8. What does a career agent make during the first 8 weeks of training?

They allege they were misclassified as independent contractors and deprived of compensation and benefits while participating in training and working as sales agents for AIL. Plaintiffs determined that the number of agents and trainees who no longer work for AILthose former employees who might be entitled to waiting-time penaltiesis 5,963. Co., Case No. Matters of concern could include whether the apportionment of relief among class members takes appropriate account of differences among their claims, and whether the scope of the release may affect class members in different ways that bear on the apportionment of relief." The parties did not reach a resolution that day. Click to go to the American Income Life Agency Resource Center. 5. Attorney Steven M. Tindall, co-Counsel of record for Plaintiffs, stated that Plaintiffs Hamilton and Smith both assisted Counsel with the investigation, filing, and litigation of the matter. Cal. Short-Term Disability - Eligible employees may be entitled to salary continuance during periods of temporary disability. to Final Settlement Approval ("Obj.") 20.

Medical - Benefits are available to all eligible employees and qualified dependents the first of the month following 30 days of service. by Rater #3 | Add Comment | I went for a job interview in Victoria, BC. Joh Decl. 18-cv-06364-TSH (N.D. Cal. 2009)). Id. After the mediation ended, Rotman communicated a mediator's proposal to the parties, which included a total settlement amount. by Rater #1 | Add Comment | (citations and internal quotations omitted). "Adequate notice is critical to court approval of a class settlement under Rule 23(e)." See real-life accounts of successful sales careers with American Income Life Insurance Company. That procedural burden is stricter still when, as here, settlement is negotiated prior to class certification.") Golz objects that trainees' claims make up a larger portion of the estimated total liability than what trainees could possibly obtain from the final Settlement amount, and that this is unfair. Go thu multiple interviews that are completely a waste of time. The Court set a hearing on the motion for final approval for January 9, 2020. Id. 2022 American Income Life Insurance Company. Comments not polite, off topic or use ALL CAPS. 42-1, Gould Decl. Joh in a declaration stated that he has had numerous phone conversations with his attorneys as well as interviews, that he provided his attorneys with valuable information, and that he participated in all stages of litigation, including pre-filing discussions, concerning AIL's Motion to Compel Arbitration, discovery related issues, mediation, and settlement. In light of the risks and costs of continue litigation, the Settlement amount of approximately 18.4% is adequate. Id. Those questions dominate over individualized questions, the most pertinent being how many hours each class member accumulated in training or working for AIL. Learn what it takes to transition from a Representative to an SGA, or just become a more confident Representative. Tindall Decl. Dkt. Minimum pay varies, but with results it is solid pay. DAVID JOH, et al., Plaintiffs, v. AMERICAN INCOME LIFE INSURANCE COMPANY, Defendant. Check that your question hasn't already been asked. After reading our flag guidelines, please tell us why you are flagging this item: The rating or comment has been flagged and is under review. Id.

expect to get your license make next to no money and wonder why you ever took this pathetic job. Corp. Sec. Tyson Foods, Inc. v. Bouaphakeo, 136 S. Ct. 1036, 1045 (2016). 30-2019-01 044772-CU-OE-CXC, Dkt. Nos. Exp. The parties have an outstanding motion to compel arbitration, relevant to the claims of agents. Having reviewed the Settlement agreement and the parties' arguments and papers, the Court DENIES the Motion. 42. Can't find your question about American Income Life? 18. Once hired, the job seeker can expect to undergo further training without pay, to perform some unpaid office work, and to be required to demonstrate adequate knowledge of the job, all before being allowed to go out to earn money, through sales of possibly questionable life insurance products.

Id. A TRUE WASTE OF TIME. Hanlon, 150 F.3d at 1027. 39-9. Cal.

Jan. 9, 2020). SAC 21-28. She likewise brought claims of California meal and rest break violations; failure to pay California overtime compensation; failure to pay California minimum wage; failure to reimburse expenses in violation of the California Labor Code; and unfair competition in violation of the California Business and Professions Code. AIL moved to compel individual arbitration on November 21, 2018. American Income Life Agent resources can help you with: Visit the Agency Resource Center to learn more about American Income Lifes policies and procedures. 2016). Co., 523 F.3d 1091, 1099 (9th Cir. 42. Theres nothing but Opportunity Unlimited! It allows you to pay for many of the health care expenses not covered by your medical plan including deductibles and co-pays.

17. Flag as inappropriate, Posted on 9 February 2013

As Golz points out, agent workweeks are far more numerous than trainee workweeks, 152,000 agent workweeks versus only 20,054 training weeks. 12. 2. Golz nevertheless objects that Plaintiffs and their counsel are inadequate representatives of the class. Id. Decl. The negotiations included a day-long mediation session, followed by a mediator's proposal which the parties accepted, with conditions. of Zachary Cooley of Settlement Adm'r KCC ("Cooley Decl.") Co., Case No. v. Windsor, 521 U.S. 591, 614 (1997). Class members who trained prior to the class period but worked as agents during the period will receive a share of the net settlement amount based on the number of weeks worked as agents during the class period. 6. Claims for waiting-time penalties accrue only once, one per former employee, meaning that 25% of the waiting-time penalties were attributable to trainees. Hamilton and Smith sought to represent a class of "[a]ll current and former California-based American Income agents who began training on or since December 14, 2014." But contrary to Golz's assertion, Plaintiffs' attorneys' fees here were not negotiated at the time of settlement but were discussed after the parties had agreed to a total settlement amount. Flag as inappropriate, Posted on 9 October 2016 They also allege that agents were subject to "chargebacks," meaning that if they sold policies and those policies were later cancelled by the customer, AIL illegally collected back commissions from the agents earned wages. 9. I went to court and the court agreed with me. 4; failure to pay wages/commissions in violation of California Labor Code 221, 203 and 204; declaratory relief pursuant to 28 U.S.C. Moreover, there is no right to a jury trial for a plaintiff asserting wage-and-hour claims under a section 17200 cause of action. 's Mot. d. Whether Plaintiffs Will Fairly and Adequately Represent the Class. Monday Friday 8 am to 4:30 pm Central time zone. What training does American Income Life offer employees? This means that trainees will presumptively receive only roughly 2% of the settlement value attributable to waiting-time claims, even though they account for 25% of those claims, which claims make up nearly 50% of the estimated value of maximum total liability in this case. Litig. Tindall Decl. What is the training process like? The SA contemplates amounts paid to class members, including Plaintiffs, after excluding: settlement fund costs and fees; administration costs of approximately $49,500, Decl. American Income Life Insurance Company is an international company protecting working families in the United States, Canada, New Zealand, and through our wholly-owned subsidiary, National Income Life Insurance Company in New York. Joinder of all members would be impracticable. Nov. 21, 2012) (settlement of approximately 15% found to be preliminarily fair). For Final Settlement Approval ("Mot.") Additionally, Plaintiffs estimate that all meal and rest break claims, valued at $661,782, result from liability incurred during training periods, yet under the proposed arrangement, agents would rake in a hugely disproportionate portion of that value by virtue of having so many more workweeks, even though Plaintiffs would face the risk at trial of being unable to prove employee status, which failure would mean the vast majority of their workweeks would fall away. The key terms of the Settlement agreement ("SA"), Ex. These accounts allow employees to set aside a portion of their earnings on a pre-tax basis to cover out-of-pocket medical and dependent care expenses. Hodge v. Superior Court, 145 Cal. Amchem Prods. AIL removed that case to the U.S. District Court for the Central District of California on November 26, 2018. Id. 14, 1. Dental and Vision - Eligible employees and qualified dependents are able to enroll the first of the month following 30 days of service. On August 1, 2019, the Plaintiffs filed their Motion for Preliminary Approval of Class Action Settlement, ECF No. And that approximation assumes that Plaintiffs could succeed in proving their claims that arose only after agents began working for AIL, which they admit were harder to prove and faced several additional burdens of proof. In short, trainees' stronger claims make up a significantly larger percentage of estimated total liability than the percentage of the Settlement fund to which trainees would be entitled under the presumptions built into the Settlement agreement. A court may only approve a settlement if it finds that it is "fair, reasonable, and adequate." Also, Counsel for Plaintiffs stated: Plaintiffs assert that the SA double weights trainees' workweeks to account for trainees' relatively stronger claims, but that double-weighting does not do enough to eliminate the disparity addressed above: even after, waiting-time claims attributable to non-agent trainees equal at least approximately 12% of total estimated liability, yet those trainees would come away from the Settlement with approximately 2% of the Settlement fund amount. These seminars are full of valuable information on how to lead and strengthen a successful Agency.

ECF No.

. In making a predominance inquiry, "more important questions apt to drive the resolution of the litigation are given more weight" than "individualized questions which are of considerably less significance to the claims of the class."
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