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Saturday, February 20, 2010

Updates on the class action lawsuit.


As of July 27, 2011: 
Rust Consulting has sent out tens of thousands of individual checks to RGIS claimants.

As of June 20, 2011: 
Individual Settlement Checks will be distributed on July 22, 2011

As of May 14, 2011: 
The Court has GRANTED Plaintiff's Motion for an award of reasonable attorney fees, costs and expenses incurred by law firms, Goldstein, Demchak, Baller, Borgen & Dardarian, Grady Schneider, and Bailey Pinney.

As of April 1, 2011: 
The Court has GRANTED the following 3 important motions:
  • GRANTS Plaintiffs’ Motion for Final Approval of Class Action Settlement 
  • GRANTS Plaintiffs’ Motion for an Award of Reasonable Attorneys’ Fees, Costs and Expenses
  • GRANTS Plaintiffs’ Motion for Service Awards to Named Plaintiffs and Opt-In Plaintiff Lund.

As of March 25, 2011: 

The final court hearing was held. The result of this hearing is yet to be announced. Read this blog update

As of January 28, 2011: 
The fairness hearing was held and the final settlement offer has been accepted both by the Plaintiffs and their counsels. However, the court has granted a grace period until March 25 for Rust Consulting, the claims administrator to give time to correct any further issues related to claims and claims eligibility. Read this latest update for more details.

As of November 22, 2010: 
Notices have been mailed out. The court has scheduled a hearing for final approval of the settlement on January 28, 2011. If you need to update your contact information please call Rust Consulting at (877)310-2748.

As of October 9, 2010: 
The court has scheduled a hearing for final approval of the settlement on January 28, 2011.

As of September 1, 2010: 
Lawyers of both parties are still on the process of negotiating the amount of compensation. As  you know, RGIS has agreed in principle for a settlement however, a careful negotiation is necessary to achieve a better compensation for RGIS employees. 

As of August 2, 2010: 
There is a possible settlement of the case that needs to be approved by the Court. If the Court approves the settlement, you will be getting a notice by mail within 60 days. The amount of the settlement will depend on each person's length of employment, hours worked along with other factors.

As of January 2010:
A trial has been re-scheduled on August 30, 2010 in San Francisco, California       

What is the update all about

Thousands of RGIS auditor employees had received recent updates via e-mail and standard mailings on the lawsuit filed against RGIS. For those of you who live in Illinois, California, Portland, and State of Washington who participated, or opted not to participate with the class action lawsuit against RGIS ("the Respondent"), the following information is the latest update of the case. Should you need further information, you may inquire either one of the law firms that represent RGIS hourly employees ("the Plaintiff") listed at the bottom section of this page.

About the Case: Wren v. RGIS, No. C 06-05778 JCS

There is a federal lawsuit currently pending in the Northern District of California against RGIS Inventory Specialists (RGIS). The lawsuit charges that RGIS has allegedly violated the Federal Fair Labor Standards Act (FLSA) and the wage and hour laws of California, Illinois, Oregon, and Washington by failing to properly pay and comply all wages and overtime compensation. The goals of this lawsuit are two-fold:
  • To make RGIS compensate its current and former auditors employees for all hours worked,
  • To obtain injunctive relief to prevent future violations by RGIS.
The lawsuit is brought on behalf of the many thousands of current and former RGIS auditor employees throughout the United States. RGIS, the defendant in this case, denies all allegations of FLSA violations.

Status of the Case

January 2009:
Judge Joseph Spero, held a hearing on Plaintiff's Motion for class certification and Defendant's Motion for Decertification.

February 2009:
A court order has granted motion for class certification in favor of the Plaintiff and denied RGIS' motion for decertification.
What this court order means to RGIS hourly employees:
It means that the case will continue on behalf of thousands of Auditors, Asst. Team Leaders, Team Leaders, and Asst. Area Managers who allege that RGIS failed to compensate them in accordance with federal and state law. These are the claims that the court certified:
  • The donning and pre-inventory waiting claims under California, Illinois, Oregon, and Washington law
  • The travel time and itemized wage statement claims under California law.

June 2009:
The court of Appeals has denied RGIS' request to appeal the trial court's ruling on class certification. The court also denied RGIS' motion to decertify plaintiff's claims for donning and pre-inventory waiting time claims.
What this means to RGIS hourly employees: 
This means the Court determined that people from across the country who have opted in to the lawsuit are "similarly situated" enough so that these claims can proceed on a collective basis.


February 2010:
A trial was set but has been rescheduled for August 2010 in San Francisco, California.

New!!!  August 2, 2010:
There is a possible settlement of the case that needs to be approved by the Court. If the Court approves the settlement, you will be getting a notice by mail within 60 days. The amount of the settlement will depend on each person's length of employment, hours worked along with other factors.

Download Important Documents

Please download the following documents in PDF format. (Note: If your computer has not been installed with a PDF reader, you can download here for free.) 
Instruction: Once you have downloaded the files, makes sure to read and keep them. If you have registered with this lawsuit, make sure to update your email, address, phone number, and any other information pertinent to the case. Go to the Grady-Schneider website and use the online form to update your personal information.

Court's Class Certification Order

First Amended Consolidated Complaint

Class Certification Notice

Law firms that represent RGIS Hourly Employees

Goldstein Demchak Baller Borgen & Dardarian
Schneider Wallace Cottrell Brayton Konecky LLP
Bailey Pinney & Associates LLP
Grady Schneider LLP

The author is not making a legal or personal opinion about the case. The material is for informational purposes only. For questions regarding the nature of the case, you may contact the Grady-Schneider law office, which represents the plaintiff in this case.

You may want to consider these:

Ten Secrets You Must Know Before Hiring A Lawyer     Home & Business Lawyer 2010      600 Legal Forms & Guide    Law For Dummies


  1. I work in Allentown, PA and it sucks here. Sometimes 10 hours and sometimes 3 hours. Top Guns don't count and guess and put any old numbers in the machine and the manager since she is friends with them covers up for them by making adjustments in the computer. What I want to know is what will happen when stores find out that everyone who counts fast guesstimates?

  2. Interesting comments.

    First and foremost guesstimating is not necessarily bad on certain degree and on certain
    occassion. In reality, all ASETs guesstimate especially in grocery inventories. You may disagree with me but you can ask your close friend topgun.

    RGIS restricts that anybody gets caught guesstimating could be a ground for termination. But NOBODY has been fired from RGIS employment by guesstimating! You can be dismissed or sent you home early from an inventory store by your supervisor or by the store people ONLY WHEN YOU ARE CAUGHT doing more that once.

    To all TopGuns (RGIS' cream of the crop), one factor that you ALWAYS reach your personal ASET when doing a grocery inventory is because you are so smart to guesstimate that nobody could catch you.

    Now, when the store people caught a TopGun or any ASET member for that matter doing guesstimating, will he/she be dismissed from the store? Well, it DEPENDS on the store inventory policy. I was caught twice but asked to recount the area. Normally, what the store manager would do is to notify your supervisor first about any miscount. Then it will be your supervisor who address the issue with you.

    (continue on next comment)

  3. In auto-scan inventories, we don't have that much "guesstimating" issues, but batching would be a more appropriate term. If batching is allowed by the store, then it should not be an issue. Even if SKU/UPC integrity is at stake, it is still easy to spot batching.

    In UPC/SKU integrity-based inventory, the store will not only piece-count your area but also check-validate every single UPC you scanned in that area. An F1 Detail reports will be provided to the store people as audit sheets.

    Just to let you know, there are grocery stores that performs UPC-SKU integrity in their inventories. Take for example QFC ( grocery stores. UPC-SKU integrity is a priority. Once the store found you guesstimating, your supervisor couldn't retaliate but send you home ba-bye.

    In many occassions, the store simply opt to request area recounts. In worst cases, the store management will ask your district to do a whole store iventory recount if it found that the inventory was a joke and a total disappointment!

    So, when you guesstimate, you do it the right way. Otherwise, you name will be counted under recycle bin.

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  5. AnonymousMay 11, 2010

    This is your "close friend TopGun"

    ... It is very possible to count at TopGun level without guesstimating. I do it on a daily basis. I have been a TopGun for almost three years, and I can maintain it counting almost anything for almost any district, even a bad one. If you're good at your job, you don't have to try very hard. I work in a top 10 district and have a great team above me (with the exception of one dick AM). People in our district have been kicked out out of stores and some terminated for guessing or having inaccurate counts. If people aren't being reprimanded, you work for a bad district.

  6. top gun detroitMay 11, 2010

    Seattle Mariner said:
    "To all factor that you ALWAYS reach your personal ASET when doing a grocery inventory is because you are so smart to guesstimate that nobody could catch you."

    LOL. smart comment mr. mariner! I think there is a truth to this. I must admit that I've been counting grocery stores for many yeas now. And with those years, I haven't been "caught" guesstimating because I do it discretely and not ALWAYS as you may have claimed.

    I've been asked to "recount" certain sections in my areas but I wonder if that will count as a result of guesstimating, or simply a result of fat fingers or miskeys.

    Nevertheless, your blog is interesting. thanks.

  7. AnonymousJune 14, 2010

    it's too bad that there may still be managers out there not following the law. I here all the time about managers getting fired because of not following the law, so it does happen. In WA, the law is 10 min breaks, get used to it. RGIS is an LLC now, a company owned business and companies are in the business to make money. We are no longer owned by a family partnership. Times change, jobs change, responsibilities change, get used to it or just leave.

    you seem to be what is called a troll. someone who like to vaguely adress issues and purposly leave out facts to get people upset and jump on the bandwagon of your cause, which is never defined.

    Why cant people just go to work and do their jobs anymore. They have to whine and cry and bitch and complain.

    Unfortunantly, i hear that i am talked about in the rgis circles. Everytime something comes back to me about how someone thinks this or that, I tell that person who told me to have whoever is spurting off to others to come directly to me and tell me the specifics about their issue. Not once in 10 years has anyone ever talked to me face to face.....why, because they are all complainers with no substance.

    I am also surprised that a top gun like yourself needs to get their ego massaged by the people posting agreeing comments to your posts. You do know how people work, Mr Seattle Mariner, I will give you that.

  8. I've been following the case, and are waiting for an update from the court hearing on August 30th. If anyone knows anything, would you be able to post it, or reply to this comment. Thank you.

  9. i beleive they setteled for 26 million

  10. There was a very recent similar case for Wal-Mart vs its employees for compensation issues. The court approves $89Million as settlement to be shared by more than 200,000 employees.

    Details here:


  12. I will not be surprised if more lawsuits are coming up against the company. But I am interested to know more about the BC425624 case. Can anybody enlighten me on this? I am not aware of such lawsuit.

  13. RGIS does not give a crap about you. Yo are just a number. Get the job done and get the hell out of there. I was very good too this compay and dedicated. I was doing area manager's jobs but not getting paid for it. I loved everyone and got along with eveyone. I would take them too lunch if they did a good job.To show appreciation. I realy liked some of the higher management. Some were complete ASS WHOLES. But hey we can't have everything you know. I will miss alot of people at RGIS but this job is just not worth it. THANKS too all employes that busted their buns for RGIS and you know who you still are. I LOVE YOU GUYS AND I WILL MISS ALL OF YOU!!!!!!!!!!!!!!!!!!!!!!

  14. Pablo from CaliforniaOctober 08, 2010

    Is that you John?? Dios mio! I know you were being groomed as a manager for our district, but why did you quit? You are one hell of a good supervisor and none of your peers has done what you did for the district. I understand how you feel man and I don't blame you for that.

    But if you have a chance, please reply to my email I sent when you read them. This is your amigo, Pablo


  16. Just curious, can anyone let me know approximately how much their estimated award was and how long they worked for rgis. i was expecting more for two and a half years of employment. mine was estimated at approx. 800.00.

  17. I am not sure if you are asking about the settlement amount, or how did the lawyers compute your share from the settlement money. As everybody knows, the settlement amount is $27M.

    But one of the many issues being raised now is: How did the lawyers come up with your $800 assuming that you have worked for them uninterrupted for the last 2 1/2 years? My estimated share was $1200 for 4 years of hard labor.

  18. Does anyone know how many of us there are involved in this Lawsuit?

  19. Detroit ExpertDecember 02, 2010

    "Does anyone know how many of us there are involved in this Lawsuit?"

    I for one has signed up for the lawsuit. But honestly, I don't have any idea how many of us who visit this blog have involved in the lawsuit. It looks like there are a lot of different readers here and lots of them are rGIS employees.

  20. Hey Detroit Expert, long time no hear from you! Do you still work at your Portland district? You've been with the company for 9 years? you probably get more compensation than me, lol.

  21. I went to work for RGIS in Reno, NV in 1985. When I moved to Florida in 1992, I continued to count for RGIS in Tampa and in Panama City. In 2000 I moved again to Huntsville, Alabama where I currently reside. I worked a few more stores in the Huntville area but the difference in leadership and the integrity of the employees were PHENOMENALLY different. I do not know whether it was because of the geographic difference or the difference of times. In Reno, I worked for a gentleman named Melvin Mikkelson. He was VERY fast and nearest I could tell, an accurate counter with a great deal of integrity. My last dealing with RGIS was from the viewpoint of the retailer that was being counted. There was an apparent lack of concern for the accuracy of the final counts and most of the auditors acted as if doing their job was keeping them from doing something (ANYthing) more important. I got out while the gettin' was good. Incidentally, the retailer that I worked for and am still currently employed with (for the last fourteen years) opted to drop RGIS for an alternate inventory service. I am not up to date on this class-action lawsuit but my gut feeling is that it is certainly valid. Good luck to everyone who is a part of this action and I hope that you get what you deserve.

  22. At the risk of being branded a "troll" I'll share some assessments of RGIS.One is that rather than being too harsh,most critisism of the company is too lenient.Shooting totals is prevalent,pressure to do so is extreme.In the days of timesheets,it was common for AM's to change sign in times to make more money.Theft from stores and each other was common,and not addressed by managers if alerted. violations of rules were only enforced if done by an auditor who was already a target for dismissal.Hope that you all get your settlements.



  25. cONTD: I PUT 6.5.............

  26. The Checks have been Mailed !!!
    April Fools !!

    Seriously,,,where our checks???
    RGIS is collecting intrest on ur monies !!!! Let it go RGIS, just let it go.

  27. How's this for being polite, when the fuck are they going to actually mail the checks? They send us a bullshit mailing back in January telling us how much we could expect but also said there was a pending formally, i.e., a court hearing was scheduled for the judge to formally agree to the settlement. Why didn't they wait for the final hearing, and the actual mailing date, before sending the fucking mailing telling us how much we would receive? Tell us we're going to receive money, getting everyone all hyped, and then not send it! WTF!

  28. I'm one of the named plaintiffs... you have to be patient. I've been doing the hurry up and wait routine for over three years now. We were told in August it would be over and we would have the settlement checks in time for Christmas. Then it was January.. Then it was April... Well April is almost over and I'm excited to read they granted the amounts..but I'm not holding my breathe that the money will be here soon. We don't get updates on the case unless they need us to sign something. I seriously doubt that RGIS can drag it out much longer though since the final court date has come and gone.

  29. AnonymousJune 27, 2011

    25 days after final approval which was official March 25 yea its now 06/27/2011 3 months later, its fucking getting me mad, and the run around i say we all demand our payments. or go back to court

  30. AnonymousJuly 10, 2011


  31. AnonymousJuly 26, 2011

    Anonymous asked:Has anyone received a check yet? Supposedly, checks were sent out on July 22nd.

  32. AnonymousJuly 26, 2011

    Man all y'all ppl afe scandalus if rgis was sych a shit job then why did so many of you stay. No one forced you to continue to work for the company it wss your own choice. Ive been at retail stores while rgis was done imventory and for the most part they are all whiney cry babies. complaining about clearance sections or softlines or my favorite areas that habe jewelry or multi skus. You all got paid hourly to scan items or slam in values at financial stores. If you got treated unfairly didnt get paid for hours breaks w/e it may be you contimued to work there. So getc over it and just wait for the check stop talking shit to their clients cuz I know for a fact a group of ppl from los angeles walk into stores and talk about how bad of a company rgis is and how inaccurate they are. Thats why rgis should hold ur check until all shirts are returned especially grey shirts.

  33. AnonymousJuly 26, 2011

    i called today and they said checks are going out tomorrow and we could call in on thursday to make sure if we are on the list of people who are getting check

  34. AnonymousJuly 27, 2011

    Well, Here we are on JULY 27th and YOU GUESSED IT = NO MONEY YET!!!!! WHY? SHOW ME THE MONEY SO I CAN PAY MY RENT ON TIME, lousy lawyers!!!!!!! I am beginning to think that all they cared about was getting their money and to H e** with us poor slobs that worked their asses off for this piece of no good !@#$%^&*() company that still is jerking us around.

  35. AnonymousJuly 27, 2011

    In reply to your comment about us "whiney little *&*^, why did we stay?" Well I will tell you: I suddenly became a widow at age 54 and the slob I had been married to for nearly 20 years left everything to his lazy assed sister so I had to go to work with no work history and no modern technical skills ( he did not want me to work and said he would "provide for me" well if you think that leaving me with $2,000 TOTAL income is providing for me = BULL SHIT to you both!!!!) I initially thought I was blessed to get any job and had no choice (if I wanted to keep body walking this earth but to keep working for this CRAPPY company called RGIS! Only after working for them for 2 1/2 years did a new company come in the area I live and thus I had somewhere else to apply and GET AWAY FROM RGIS. GET YOUR HEAD OUT OF YOUR ASS AND PUT ON YOUR MUCH NEEDED GLASSES. YOUR PATHETIC!!!!!!!!!!!!!!!!!!!!!!!!

  36. AnonymousJuly 27, 2011

    What kills me is how you bust your ass for the company regardless of whos running the inventory but only to have somebody from hq tell you not to work with someone youve never did anything but be professional with on the job. I see entire families all counting in some of these stores

  37. AnonymousJuly 28, 2011

    Did anyone see a check yet??????????

  38. AnonymousJuly 28, 2011

    just called in and was told that the checks were mailed yesterday. will be interesting to see if its in my mailbox tonight when i get home

  39. AnonymousJuly 29, 2011

    Mail came at 5:23 pm and "LOW AND BEHOLD (sarcasic emphasis here) the RGIS Class Action lawsuit money was indeed IN. The following is the Promised Breakdown from 1st promised $$ to check in hand amout.
    1) I was informed in the "Official Court Notice of Settlement of Class Action" that I was to get $229.88
    2) Final check amount was $188.44
    3) They withheld $28.84 in Federal taxes, $4.85 Social Security taxes, $1.67 Medicare tax, and $6.92 in state of Iowa income tax.
    Now, seeing as I have participated in another class action lawsuit (Dalcon Sheild Birth control that left me sterile) I know that gripping to those lawyers is futile so I cashed the Dammmmmm check and had supper. I will do the very best thing for any person who THINKS about working for this $%^&*() company by telling them "from an insiders point of view RUN AWAY from them unless you cannot even get foodstamps and have been turned away at the soup kitchens for food." This lawsuit has not changed the way they do business in a positive way. They are worse than ever. Now you cannot ask "Skew check" you are litterally told "if all the rest of the items on that rack are in the same price range - pick a number and scan it or just put in this generic number and pick a price." Now how is a business that has this company doing their inventory to have a accurate count or reolistic idea of profit and loss. I used to be told "if it looks like there are 30 items then enter 30 and don't straighten the shelf at all to be sure that you did not count way high or way too low. That's not what you're paid to do." Gee, I thought I had been being paid to ACCURATELY count not estimate. Good thing the companies did not know the difference.
    IF (and I do mean IF) we should get any other money down the road I buy myself the biggest cup of coffee it will buy (cause that is all I think we each would get.) I hope everyone gets close to what they had been promised. As for most of what was taxed = I will get back either as part of my (currently recieving) social security check or as part of income tax refund so they will pay me all they promised they just don't realize it and I will have to wait clear to Febuary of 2012. It's been good knowing all of you and wish you all "Good health, Better wealth and Don't let the Turkeys get you down (they don't know enough to look down when it rains so they drown)."

  40. AnonymousJuly 29, 2011

    My check come in today, It break down like this:

    1. Gross settlement Award: x$amount
    2. Non-wage(incl. liquidated damages, penalties,
    and/or interest) (line 1 amount divide by 2)
    3. Non-wage witholding, $0.00
    4. Net-non-wage amount. line 2 - line 3= line 2 amount.
    5. Wages same as line 4
    6. Wage Withholding (tax amount)
    7. Net wage amount (Line 5 - line 6)
    8. Net Settlement reward (line 4 + line 7)
    the check i get is the amount of line 8.

    It also enclosed with a W-2 form for Tax year 2011 so you can get the tax withholding back both from the state and the federal tax when you file your tax return next year.

    Compare to the amount i got from the letter from last year, I got almost 80% of those estimate amount back. Not bad I guess.

    Thanks for all of your effort in this blog to get the money back by calling Rust Consulting.

  41. AnonymousJuly 30, 2011

    Hola from Texas! Just to let everyone know, my check arrived today via 1st class mail from Rust Consulting! The outside envelope does not look like junk mail and it says "Important Tax Information". I received a net amount of $1,001 and they only taxed 1/2 the settlement! Is that sweet or what!? I haven't worked for RGIS since April 2010 but this is great vindication! Good luck to everyone 'cuz it's Christmas in July!
    JC JImenez
    San Antonio, TX

  42. AnonymousJuly 31, 2011

    I too received my check, aprox. 20% withholdings. Well appreciated!! Enjoy everyone!

  43. Wow, received my check for a whopping $40.90 after 6 years of working for RGIS being screwed over.

  44. I was supposed to get a check out of this and nothing ever happened. I received an email saying payment was on the way but never got it. I always kept my address up to date.

    Most of the law firms that were involved with this now have dead websites....very strange. Like they all went out of business after this.

    Did anyone ever get a check?

  45. I live in Clarkville, TN. I've worked for RGIS for about a month and a half now. I went through a whole pay period without RGIS sending me my pay stub. Thats right a whole 2 weeks without RGIS sending me my pay stub to reference if RGIS gave me my whole pay check. I was promised that I would be paid from the moment I got to the "meet site" on time to the moment I came back to the "meet site"
    I have 47 hours worked and 16 hours commuting.
    My pay check after taxes was under $300 dollars I only get paid 8 an hour but the math isn't adding up for me. It's my fault not to keep better track of my hours on a day to day basis. But that 47 is a CONSERVATIVE estimate it's probably over 50 to be honest. Now I'm still waiting on my pay stub that wasn't set to me that should have 2 weeks ago. I'm hoping that RGIS sends me the pay stub for the pay I just received on Friday Jan.27 of 2012 just so I can have it for filing.
    I take this as a learning experience keep better track of my hours on a day to day period NO MATTER WHO I WORK FOR. & RGIS isn't for me. I gave that company 110% when I counted I ran or walked VERY QUICKLY so I could keep my hourly count up so I could get a raise by being productive and quick with accuracy as the main priority. Well now my main priority is to find a new job. I wouldn't recommend anybody with a high school diploma to work for this shady at best company.
    To use a poker analogy I'm folding this hand

  46. brian thomasMarch 03, 2012

    Hey guys you know you all want to sit here and complain and say shit about a company who I also worked for. I only heard about this law suit today and then found out some stupid CUNT got my settlement and other compeinsation. That will be handled accordingly now that I know who its and who else is behinde it. They will be handled along with thier kids. But my point is, all you people are cowards. And I say that for this reason, you people talk all this shit and say all this bad shit about a person or in this case a "company" but yet remain anonoymus.
    You what we call those people here in california. Their known as busters,RATS,good for nothing. I mean I'm not afraid to let everyone know that I am from CA and my name is Brian and I did work for RGIS and they did work me like i was less then human and still wanted 110% but I did it and so did everyone else who I worked with and you know what who cares its a fucking job. Yeah there a bad comapny with very poor accounts payable personel and no kind of work eithic. but for the person who got my settlement check. YOU WILL SEE ME. just keep your kids in the house cuz I don't who I get

  47. well apparently those worked for RGIS in NC werent entitled to a payment despite being strung along for 3 years by email with the lawfirm.

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