The Law Office of Donald Potter prosecuted a class action in the San Diego County Superior Court entitled Colby v. Spirit Garden LLC, Case No. 37-2012-00092383-CU-OE-CTL. It was filed in February 2012 on behalf of current and former Promoters (aka Product Demonstrators) of Spirit Garden, LLC (dba “SGN Nutrition”) who worked in California at any time since February 16, 2008. In 2013, the lawsuit was amended to add two defendants, Pharmachem Laboratories, Inc. and SGN Acquisition Company, LLC. The case was assigned to San Diego County Superior Court Judge, the Honorable Richard Strauss.

The Lawsuit alleged that California-based Promoters who worked for either Spirit Garden, LLC or SGN Acquisition Company, LLC (dba “SGN Nutrition”) inside large wholesale stores are owed wages and penalties for unpaid overtime, rest break violations (Cal. Labor Code §§ 226.7), unlawful wage deductions (e.g., cancellation fees, uniform charges, etc.), failure to reimburse them for expenses (Cal. Labor Code § 2802), failure to pay minimum wages for all hours worked; and failing to provide them with accurate itemized wage statements (Cal. Labor Code §§ 226) with their paychecks. The lawsuit also included a waiting-time penalties claim for former Promoters (Cal. Labor Code §§ 201-203).

On March 4, 2014, the Court entered an Order granting final approval of a $1,325,000.00 class action settlement. More than 800 current and former promoters who worked for Spirit Garden, LLC or SGN Acquisition Company, LLC (dba “SGN Nutrition”) between February 16, 2008 and September 30, 2013 were eligible to receive cash payments under the terms of the settlement.

Please contact the Law Office of Donald Potter at (626) 744-1555 if you have any questions about this case.

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