The Court authorized this Notice. This is not a solicitation from an attorney.
This is not a lawsuit against you, and you are not being sued.
However, your legal rights are affected whether you act or do not act.
Please read this notice carefully.
If you previously opted out of this Action by mail or email, you must opt out again if you wish to be excluded from the Class. Any prior action you may have taken to opt out of the Action is void and will not be considered.
The above-named action, Zachery Poltor v. AV Squad, LP, et al., case number 21STCV43467, is pending in the Superior Court of the State of California, County of Los Angeles (the "Action"). The Action alleges that AV Squad engaged in practices that resulted in certain non-exempt employees being deprived of the opportunity to take off-duty meal and rest breaks, that AV Squad failed to provide compliant wage statements, and that AV Squad failed to timely pay all wages owed upon separation of employment. AV Squad denies that they have violated these laws and contests that they have violated any law. AV Squad maintains it has complied with California labor laws at all times and believes Plaintiff's claims are without merit. The Court has not rendered any opinion as to the merits of this case.
The Los Angeles County Superior Court has granted certification of the following classes and subclass: (1) Wage Statement Class, (2) Meal Period Class, (3) Rest Period Class, and (4) Waiting Time Penalties Subclass (collectively, the "Classes"). These Classes are defined in Section 6 of this notice. You are receiving this Notice of Pendency of Class Action ("Notice") because AV Squad's records show that you currently work, or previously worked, for AV Squad as a non-exempt, hourly-paid employee within one or more of the defined Classes at some point during the Class Period and did not sign a Settlement Agreement releasing these claims. The Action seeks damages, restitution, injunctive relief, and civil penalties for AV Squad's alleged unlawful conduct.
The Court has made no ruling on the merits of Plaintiff's claims. There is no money available now and there is no guarantee that there will be money available for distribution to the Classes. There has been no determination of liability at this stage, and there has been no determination at this stage as to whether AV Squad has violated any law. However, your legal rights will be affected, and you will have to decide whether you want to stay in the lawsuit as a class member or exclude yourself from the lawsuit.
Should you wish to opt-out of participating in the present lawsuit against AV Squad, you must exclude yourself from the Class by either returning the attached pre-paid postcard by mail or by clicking the following link: www.AVSquadClassActionLawsuit.com. Otherwise, by doing nothing, you are agreeing to be part of the class action against AV Squad.
| Stay in the Class(es) (No action is required at this time) |
Stay in the Action. Seek money, if awarded. Give up certain rights.
By doing nothing, you agree to be a participant in the Action against AV Squad and maintain the possibility of getting money and benefits that may come from settlement or trial in this Action against AV Squad. However, you will give up any rights to sue AV Squad separately for any wage and hour violations arising during the time period applicable to each defined Class. |
| Request to Be Excluded from the Class(es) (Action is required by June 18, 2026) |
Get out of the lawsuit. Get no money. Keep rights.
If you wish to be excluded from the Class, you must complete the attached pre-paid postcard and return it to the Administrator via U.S. Mail or going to the following link: www.AVSquadClassActionLawsuit.com. If you wish to be excluded from the Class, you must do so by June 18, 2026. If you request to be excluded from the lawsuit and money is later recovered on behalf of the Classes, you will not be able to receive a share of the recovery. However, you will maintain your right to sue AV Squad separately for wage and hour violations arising during time period applicable to each defined Class. Please be advised that legal statute of limitations deadlines may limit the time for you to bring a separate lawsuit. |
You received this Notice because the Los Angeles County Superior Court has permitted, or "certified," the Classes and, therefore, permitted the Action to move forward as a class action.
The purpose of this Notice is to explain the lawsuit and to explain your legal rights and options so that you may exercise your rights before the Action is settled or proceeds to trial. At trial it would be decided whether the claims made against AV Squad, on behalf of the members of the Classes, are valid.
The Honorable Elihu M. Berle, Judge of the Superior Court of the State of California, County of Los Angeles, is overseeing this class action. The lawsuit is entitled Zachery Poltor v. AV Squad, LP, et al., case number 21STCV43467.
This Action claims that AV Squad maintained policies and practices that did not comply with California wage and hour laws. The Action alleges that AV Squad instead maintained policies and practices which resulted in certain non-exempt employees being deprived of the opportunity to take off-duty meal and rest breaks, that AV Squad failed to provide compliant wage statements, and that AV Squad failed to timely pay all wages owed upon separation of employment. You can read the motion for class certification and Plaintiff's Complaint by reviewing the third-party class action administrator's website at www.AVSquadClassActionLawsuit.com. AV Squad denies each of the claims asserted and denies any and all liability arising out of the conduct alleged in the Action. AV Squad maintains it has complied with California labor laws at all times and believes Plaintiff's claims are without merit.
The Court has not decided whether Plaintiff or AV Squad is correct and has not made a ruling on the merits of the case. By certifying the Classes and issuing this Notice, the Court is not suggesting that either party is correct. These issues still have to be decided by a trier of fact (i.e., a jury) at trial.
In a class action lawsuit, one or more persons sues on behalf of themselves and other people who they allege have similar claims. The group of people with allegedly similar claims is called a "class" and each person is considered a "class member." The person who sues on behalf of the class is called the "Named Plaintiff" or "Class Representative." In this case, the Named Plaintiff is Zachery Poltor. The Class Representative in this Action is seeking damages on behalf of himself and the Class, and may later seek additional compensation from AV Squad for serving as the Class Representative.
The persons or entities being sued are called the "Defendant(s)." In this case, the Defendants are AV Squad, LP (now known as AV Squad, LLC), AV Squad, Inc., Chad Miller, Brent Buckman, and Thomas Malatesta. One court – the Los Angeles County Superior Court – resolves the issues for everyone in the class, with the exception of those who affirmatively choose to exclude themselves from the lawsuit.
The Court has decided that this lawsuit may proceed as a class action. Specifically, the Court found that:
- The number of non-exempt employees in each Class is sufficiently numerous;
- The Court can determine on a class-wide basis whether class members were provided the opportunity to take off-duty meal and rest breaks, whether the class members were provided with legally-compliant wage statements, and whether the class members were timely paid all wages owed upon separation of employment.
- The Named Plaintiff's claims are typical of the claims of the members of each Class; and
- The Named Plaintiff and the attorneys representing the Classes will fairly and adequately represent the interest of each Class.
No money or benefits are currently available. For money or benefits to become available, either the parties must settle the Action, or Plaintiff must prove his case at trial. There is no guarantee that money or benefits will become available in this lawsuit.
The Court defined the Classes as follows:
| Certified Class Name | Class Definition |
|---|---|
| Wage Statement Class | All current and former non-exempt employees of Defendant who worked for Defendant in California at any time from November 29, 2018, through April 6, 2021, and who recorded their time worked in Defendant's Filemaker timekeeping system, and who have not signed an individual settlement agreement releasing this claim. |
| Meal Period Class | All current and former non-exempt employees of Defendant who worked as an Assistant Editor and/or Production Assistant and who, at any time between June 4, 2017, and April 6, 2021, were not provided one or more thirty-minute, off-duty, uninterrupted meal periods to which they were entitled under California law and were not compensated with one hour of premium pay, and who has not signed an individual settlement agreement releasing this claim. |
| Rest Period Class | All current and former non-exempt employees of Defendant who, at any time between June 4, 2017, and April 6, 2021, were not provided one or more ten-minute, off-duty, uninterrupted rest periods to which they were entitled under California law and were not compensated with one hour of premium pay, and who has not signed an individual settlement agreement releasing this claim. |
| Waiting Time Penalties Subclass | All members of the Meal Period Class and/or Rest Period Class whose employment with Defendant ended at any time from November 29, 2018, through the present, and who have not signed an individual settlement agreement releasing this claim. |
Based on an analysis of the records provided by AV Squad, you are a member of the following Class or Classes:
If you are unsure which Class(es) you are a member of, you can get assistance by contacting the attorneys in this action (see Section 12 below).
If you want to be included in the Class(es) identified above, you do not have to do anything at this time.
Being included in the Class(es) means that you agree to be a participant in the lawsuit against AV Squad, and as such, you maintain the possibility of getting money or benefits that may come from settlement or trial, if Plaintiff is successful. If Plaintiff obtains money or benefits as a result of either settlement or trial, you will be notified about how to obtain the money or benefits that are available to you. You may be required to provide additional information to support your claim.
If you do nothing now, regardless of whether Plaintiff is successful, you will not be able to file or participate in another lawsuit against AV Squad for damages, restitution, injunctive relief or civil penalties related to AV Squad's wage and hour violations arising during the time period applicable to each defined Class. You will also be legally bound by all orders and judgments of the Court in this Action.
If you do nothing, you will automatically be included in the Action as a member of one or more of the Classes. This means that you will keep the possibility of receiving money from this Action, but you will give up certain rights as explained below in Section 10.
If you do not wish to be a participant in the Action against AV Squad and/or wish to preserve the option to pursue your own separate lawsuit against AV Squad for damages, restitution, injunctive relief or civil penalties related to wage and hour violations, you must exclude yourself from the Class or Classes of which you would be a member (also referred to as an "opt-out") by completing the attached postcard and mailing it to the Administrator, or by going to the following link: www.AVSquadClassActionLawsuit.com.
If you request exclusion from the Class(es) and money or benefits are later recovered on behalf of the Class(es) you will not be able to share in the money or benefits. However, you will keep your right to sue AV Squad separately for damages, restitution, injunctive relief or civil penalties related to its wage and hour violations arising during the time period applicable to each defined Class. Please be advised that legal statute of limitations deadlines may limit the time during which you can bring a separate lawsuit if you choose to opt out. Before you decide to exclude yourself from the Class(es), you should consult with an attorney so that your rights and limitations are explained to you.
To request exclusion, you must do so by June 18, 2026.
If you do not want to be a participant in the Action against AV Squad, you have already filed your own lawsuit or if you wish to bring your own lawsuit against AV Squad for damages, restitution, injunctive relief, or civil penalties related to AV Squad's wage and hour violations arising during the time period applicable to each defined Class, you may want to consider excluding yourself from the Class(es).
If you exclude yourself from the Class(es), you will not get any money or benefits from this lawsuit in the event of settlement or an award at trial. By requesting exclusion, you are keeping your right to sue or to continue to sue AV Squad for damages, restitution, injunctive relief, or civil penalties related to alleged wage and hour violations.
The Court has decided that the attorneys listed below are qualified to represent Plaintiff and all members of the Classes, including you, and therefore appointed them as "Class Counsel." The attorneys are experienced in handling class action litigation similar to this Action.
Hali M. Anderson, Esq.
Samara A. Bahu, Esq.
San Diego, CA 92103
Telephone: (619) 692-0800
Facsimile: (619) 692-0822
Email: sbahu@archlegal.com
Website: www.archlegal.com
More information about Class Counsel can be found at their website at www.archlegal.com.
You do not need to hire your own attorney because Class Counsel is working on your behalf. You may obtain your own attorney to appear in Court for you and to participate in the lawsuit, however if you do you will be responsible for paying the attorney you hire.
In the event of a settlement or a favorable result at trial for Plaintiff and the Classes, Class Counsel will request that the Court pay them reasonable attorneys' fees, costs, and expenses for their time and expense litigating the Action. If the Court grants Class Counsel's request, the attorneys' fees, costs, and expenses awarded will either be deducted from the money obtained for the Classes or paid separately by AV Squad.
If the case does not settle or resolve by other means, Class Counsel will have to prove the claims asserted in the Action at trial. There is no trial date currently scheduled. During trial, Class Counsel will present the case for Plaintiff and the Classes and AV Squad will present their defenses. A judge and a jury will hear all of the evidence and reach a decision as to the merits of the claims and defenses, as well as any award or other relief.
You may or may not need to appear in court or otherwise participate in the trial to be a part of the Class(es) or to be eligible for any money or benefits. If you are not subpoenaed to appear at trial, then you will not need to participate in trial directly. However, the Court or the parties might ask you or other members of the Class(es) for additional information about your experience to assist in reaching a decision about merits, defenses, and damages.
You are welcome to come to court to watch the proceedings at your own expense.
If Plaintiff obtains money or other benefits as a result of settlement or trial, you may be entitled to receive a portion of the money. The Court, however, must approve any settlement or awards. If you remain in the Class(es) you will be notified about how to receive any share you are entitled to.
If you have questions, please contact Class Counsel identified in Section 12 above.