All Phase Landscape Construction

Lozoya v. AllPhase Landscape Construction, Inc. (U.S. District of Colorado)

Update: Case Successfully Resolved. Distributions to Class Members From $412,500.00 Potential Settlement Pool Finally Approved By Court On June 27, 2016.

Current and former landscape and snow removal employees filed a lawsuit against their employer for failing to pay them for all the hours they worked, not paying overtime, and making illegal deductions from their pay. The judge certified a class action, meaning that over 400 workers were automatically included and eligible to get back pay in a settlement. Read the judge’s order refusing to decertify the collective action under federal law and click here to read the order granting class certification under state law in favor of our clients.

On June 27, 2016, Judge John L. Kane of the United States District Court in Colorado entered the Court’s order granting final approving the parties’ Joint Motion for Approval of the Settlement Agreement. Under that Order the class administrator will distribute from the $412,500.00 payments to each members of the plaintiff class who timely filed a proper claim for compensation. Read the Judge’s Order by clicking here!. We at The Wilhite Law Firm are so pleased to have been able to bring this matter to a successful conclusion for these workers!

The case is now resolved and the only outstanding matters are the payments by All Phase to those who are owed money under the court’s final approval order.

Frequently Asked Questions

What is a class or collective action?

In a class or collective action lawsuit, one or more people called the “class representatives” sue on behalf of themselves and other people who have similar claims against the same company. The people who are suing are called the plaintiffs, and they make up a class. The company or companies they sue are called the defendants. In some class actions, the judge or jury resolves the claims for everyone in the class unless they ask to be excluded. In other types of class actions, each class member must ask to be included in the lawsuit. This case involves both a collective and a class action. That means people who believe they are in the class have a better chance of getting what they deserve if they ask to be included.

Is this certified as a class or collective action?

Yes. The judge certified the case as a Rule 23 class action on March 31, 2015. The judge also conditionally certified a collective action under federal law on February 1, 2013. He refused All Phase’s attempts to have the class decertified on January 21, 2014.

Who is included?

All current and former hourly employees who performed landscape services or snow removal for All Phase since April 18, 2009.

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