Plaintiff is a former SkinSpirit employee. The Action accuses SkinSpirit of violating California labor laws for its failure to provide rest periods and pay rest period premiums (Lab. Code §§ 226.7, 512; IWC Wage Order No. 2, § 12); failure to provide meal periods and pay meal period premiums (Lab. Code §§ 226.7, 512; IWC Wage Order No. 2, § 11); failure to pay minimum, overtime, and contractual wages (Lab. Code §§ 1194, 1197, 510, 218.5); failure to provide accurate wage statements (Lab. Code § 226); failure to pay all wages due at separation (Lab. Code § 203); failure to reimburse necessary business expenses (Lab. Code § 2802); restitution of wages (Bus. & Prof. Code § 17200, et seq.); failure to provide employment records (Lab. Code §§ 226, 247.5, 432, 1198.5); public injunctive relief (Bus. & Prof. Code § 17200, et seq.); and for violations of the California Private Attorneys General Act (Labor Code §§ 2698, et seq.)
Plaintiff and Class Members are represented by attorneys in the Action:
Hallie Von Rock, Esq.
Lisseth Bayona, Esq.
Aiman-Smith & Marcy
7677 Oakport Street, Suite 1000
Oakland, CA 94621
[email protected]
510.519.1018
(“Class Counsel”)
SkinSpirit denies all liability and is confident it has strong legal and factual defenses to these claims, but recognizes the risks, distractions, and costs associated with continued litigation. SkinSpirit contends that its business practices are and have been lawful at all relevant times and that Plaintiff’s claims are without merit and fail to satisfy the requirements for class certification. This Settlement is a compromise, reached after good faith, arm’s-length negotiations between Plaintiff and SkinSpirit and is not an admission of liability by SkinSpirit. All parties agree that, considering the risks and expenses associated with continued litigation, this Settlement is fair, adequate, and reasonable. Plaintiff also believes this Settlement is in the best interests of all Class Members.
The Court has not ruled on the merits of Plaintiff’s claims or SkinSpirit’s defenses.
So far, the Court has made no determination whether SkinSpirit or Plaintiff are correct on the merits. In the meantime, Plaintiff and SkinSpirit hired an experienced, neutral mediator in an effort to resolve the Action by negotiating an end to the case by agreement (settle the case) rather than continuing the expensive and time-consuming process of litigation. The negotiations were successful. By signing a lengthy written Settlement agreement (“Agreement”) and agreeing to jointly ask the Court to enter a judgment ending the Action and enforcing the Agreement, Plaintiff and SkinSpirit have negotiated a proposed Settlement that is subject to the Court’s Final Approval. Both sides agree the proposed Settlement is a compromise of disputed claims. By agreeing to settle, SkinSpirit does not admit any violations or concede the merit of any claims.
Plaintiff and Class Counsel strongly believe the Settlement is a good deal for you because they believe that: (1) SkinSpirit has agreed to pay a fair, reasonable and adequate amount considering the strength of the claims and the risks and uncertainties of continued litigation; and (2) Settlement is in the best interests of the Class Members and Aggrieved Employees. The Court preliminarily approved the proposed Settlement as fair, reasonable and adequate, authorized this Notice, and scheduled a hearing to determine Final Approval.
i.
SkinSpirit Will Pay $490,000 as the Gross Settlement Amount (Gross Settlement). SkinSpirit has agreed to deposit the Gross Settlement into an account controlled by the Administrator of the Settlement. The Administrator will use the Gross Settlement to pay the Individual Class Payments, Individual PAGA Payments, Class Representative Service Payment, Class Counsel’s attorney’s fees and expenses, the Administrator’s expenses, and penalties to be paid to the California Labor and Workforce Development Agency (“LWDA”). Assuming the Court grants Final Approval, SkinSpirit will fund the Gross Settlement not more than 30 days after the Judgment entered by the Court becomes final. The Judgment will be final on the date the Court enters Judgment, or a later date if Participating Class Members object to the proposed Settlement or the Judgment is appealed.
ii.
Court Approved Deductions from Gross Settlement. At the Final Approval Hearing, Plaintiffs and/or Class Counsel will ask the Court to approve the following deductions from the Gross Settlement, the amounts of which will be decided by the Court at the Final Approval Hearing:
A.
Up to $147,000.00 (30% of the Gross Settlement) to Class Counsel for attorneys’ fees and up to $17,000 for their litigation expenses. To date, Class Counsel have worked and incurred expenses on the Action without payment.
B.
Up to $5,000 to Plaintiff Rad as a Class Representative Award for filing the Action, working with Class Counsel and representing the Class. Under the Class Action and PAGA Settlement, the Class Representative Award will be the only monies Plaintiff will receive other than Plaintiff’s Individual Class Payment and any Individual PAGA Payment.
C.
Up to $7,500 to the Administrator for services administering the Settlement.
D.
Up to $47,000 for PAGA Penalties, allocated 75% to the LWDA PAGA Payment and 25% in Individual PAGA Payments to the Aggrieved Employees based on their PAGA Period Pay Periods.
Participating Class Members have the right to object to any of these deductions. The Court will consider all objections.
iii.
Net Settlement Distributed to Class Members. After making the above deductions in amounts approved by the Court, the Administrator will distribute the rest of the Gross Settlement (the “Net Settlement”) by making Individual Class Payments to Participating Class Members based on their Class Period Workweeks.
iv.
Taxes Owed on Payments to Class Members. Plaintiff and SkinSpirit are asking the Court to approve an allocation of 20% of each Individual Class Payment to taxable wages (“Wage Portion”) and 80% to [e.g., interest, expense reimbursements, penalties etc.] (“Non-Wage Portion.). The Wage Portion is subject to withholdings and will be reported on IRS W-2 Forms. SkinSpirit will separately pay employer payroll taxes it owes on the Wage Portion. The Individual PAGA Payments are counted as penalties rather than wages for tax purposes. The Administrator will report the Individual PAGA Payments and the Non-Wage Portions of the Individual Class Payments on IRS 1099 Forms.
Although Plaintiff and SkinSpirit have agreed to these allocations, neither side is giving you any advice on whether your Payments are taxable or how much you might owe in taxes. You are responsible for paying all taxes (including penalties and interest on back taxes) on any Payments received from the proposed Settlement. You should consult a tax advisor if you have any questions about the tax consequences of the proposed Settlement.
v.
Need to Promptly Cash Payment Checks. The front of every check issued for Individual Class Payments and Individual PAGA Payments will show the date when the check expires (the void date). If you don’t cash it by the void date, your check will be automatically cancelled, and the monies will irrevocably be lost to you because they will be paid to a non-profit organization or foundation (“Cy Pres”).
vi.
Requests for Exclusion from the Class Settlement (Opt-Outs). You will be treated as a Participating Class Member, participating fully in the Class Settlement, unless you notify the Administrator in writing, not later than July 27, 2026, that you wish to opt-out. The easiest way to notify the Administrator is to send a written and signed Request for Exclusion by the July 27, 2026 Response Deadline. The Request for Exclusion should be a letter from a Class Member or his/her representative setting forth a Class Member’s name, present address, telephone number, email, and a simple statement electing to be excluded from the Settlement. Excluded Class Members (i.e., Non-Participating Class Members) will not receive Individual Class Payments but will preserve their rights to personally pursue wage and hour claims against SkinSpirit.
You cannot opt-out of the PAGA portion of the Settlement. Class Members who exclude themselves from the Class Settlement (Non-Participating Class Members) remain eligible for Individual PAGA Payments and are required to give up their right to assert PAGA claims against SkinSpirit based on the PAGA Period facts alleged in the Action.
vii.
The Proposed Settlement Will be Void if the Court Denies Final Approval. It is possible the Court will decline to grant Final Approval of the Settlement or decline to enter a Judgment. It is also possible the Court will enter a Judgment that is reversed on appeal. Plaintiff and SkinSpirit have agreed that, in either case, the Settlement will be void: SkinSpirit will not pay any money and Class Members will not release any claims against SkinSpirit.
The Court has appointed a neutral company, Atticus Administration, LLC (the “Administrator”) to send this Notice, calculate and make payments, and process Class Members’ Requests for Exclusion. The Administrator will also mail and re-mail settlement checks and tax forms and perform other tasks necessary to administer the Settlement. The Administrator’s contact information is contained in Section 10 of this Notice.
ix.
Participating Class Members’ Release. After the Judgment is final and SkinSpirit has fully funded the Gross Settlement and separately paid all employer payroll taxes, Participating Class Members will be legally barred from asserting any of the claims released under the Settlement. This means that unless you opted out by validly excluding yourself from the Class Settlement, you cannot sue, continue to sue, or be part of any other lawsuit against SkinSpirit or related entities for wages based on the Class Period facts and PAGA penalties based on PAGA Period facts, as alleged in the Action and resolved by this Settlement.
The Participating Class Members will be bound by the following release:
All Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, release Released Parties from all claims, damages, debts, liabilities, demands, obligations, penalties, actions or causes of action of any kind, arising under state, federal or local law, whether statutory, common law, or administrative law, at any time during the Class Period, that were alleged, or reasonably could have been alleged, based on the facts stated in the Operative Complaint, and/or ascertained in the course of the Action, including, e.g., claims for Defendant’s failure to reimburse necessary business expenses in violation of Labor Code section 2802; Defendant’s failure to pay minimum, contractual, and overtime wages in violation of Labor Code sections 1194, 1197, 510, and 218.5 and the corresponding sections of IWC Wage Orders; Defendant’s failure to provide meal periods in violation of Labor Code section 226.7 and the corresponding sections of IWC Wage Orders; Defendant’s failure to provide rest periods in violation of Labor Code section 226.7 and the corresponding sections of IWC Wage Orders; Defendant’s failure to provide accurate wage statements in violation of Labor Code section 226 and the corresponding sections of the IWC Wage Orders; Defendant’s failure to pay all wages due at separation in violation of Labor Code sections 201, 202, and 203 and the corresponding sections of the IWC Wage Orders; and Defendant’s acts of unfair competition in violation of the California Unfair Competition Law (Bus. & Profs. Code § 17200, et seq.).
x.
LWDA’s PAGA Release. After the Court’s judgment is final, and SkinSpirit has paid the Gross Settlement and separately paid the employer-side payroll taxes, the LWDA will be barred from asserting PAGA claims against SkinSpirit, whether or not they exclude themselves from the Settlement. This means that the LWDA cannot sue, continue to sue, or participate in any other PAGA claim against SkinSpirit or its related entities based on the facts alleged in the PAGA Notice and resolved by this Settlement.
The LWDA, through Plaintiff, its authorized agent, is deemed to release, on behalf of themselves, and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, the Released Parties from all claims for PAGA penalties that were alleged or reasonably could have been alleged, based on the PAGA Period facts stated in the Operative Complaint and in the PAGA Notice, including without limitation: claims for Defendant’s failure to reimburse necessary business expenses in violation of Labor Code section 2802; Defendant’s’ failure to pay minimum, contractual, and overtime wages in violation of Labor Code sections 1194, 1197, 510, and 218.5 and the corresponding sections of IWC Wage Orders; Defendant’s failure to provide meal periods in violation of Labor Code section 226.7 and the corresponding sections of IWC Wage Orders; Defendant’s failure to provide rest periods in violation of Labor Code section 226.7 and the corresponding sections of IWC Wage Orders; Defendant’s failure to provide accurate wage statements in violation of Labor Code section 226 and the corresponding sections of the IWC Wage Orders; Defendant’s failure to pay all wages due at separation in violation of Labor Code sections 201, 202, and 203 and the corresponding sections of the IWC Wage Orders; and Defendant’s payment of a lower, secret wage than was agreed or is statutorily required under Labor Code section 221, 223, and 222.5, during the PAGA Period. The LWDA, through Plaintiff, only releases these claims for the PAGA Period.
i.
Individual Class Payments. The Administrator will calculate Individual Class Payments by (a) dividing the Net Settlement Amount by the total number of Workweeks worked by all Participating Class Members, and (b) multiplying the result by the number of Workweeks worked by each individual Participating Class Member.
ii.
Individual PAGA Payments. The Administrator will calculate Individual PAGA Payments by (a) dividing $11,750 by the total number of PAGA Pay Periods worked by all Aggrieved Employees and (b) multiplying the result by the number of PAGA Period Pay Periods worked by each individual Aggrieved Employee.
i.
Participating Class Members. The Administrator will send, by U.S. mail, a single check to every Participating Class Member (i.e., every Class Member who doesn’t opt-out) including those who also qualify as Aggrieved Employees. The single check will combine the Individual Class Payment and the Individual PAGA Payment.
ii.
Non-Participating Class Members Who Are Aggrieved Employees. The Administrator will send, by U.S. mail, a single Individual PAGA Payment check to every Aggrieved Employee who opts out of the Class Settlement (i.e., every Non-Participating Class Member).
If you change your address, be sure to notify the Administrator as soon as possible. Section 10 of this Notice has the Administrator’s contact information.
A Participating Class Member who challenges the number of Class Workweeks identified in the Class Notice may challenge the allocation by communicating with the Administrator via fax, email or mail. The deadline for submission to the Administrator is July 27, 2026. The Administrator must encourage the challenging Class Member to submit supporting documentation. In the absence of any contrary documentation, the Administrator is entitled to presume that the Workweeks contained in the Class Notice are correct so long as they are consistent with the Class Data. The Administrator’s determination of each Class Member’s allocation of Workweeks and/or Pay Periods shall be final and not appealable or otherwise susceptible to challenge.
Submit a written and signed letter with your name, present address, telephone number, email, and a simple statement that you do not want to participate in the Settlement. The Administrator will exclude you based on any writing communicating your request be excluded. Be sure to personally sign your request, identify the Action as Sarah Rad v. SkinSpirit Essential, LLC, and include your identifying information (full name, address, telephone number, approximate dates of employment, and social security number for verification purposes). You must make the request yourself. If someone else makes the request for you, it will not be valid. The Administrator must be sent your request to be excluded by July 27, 2026, or it will be invalid. Section 10 of the Notice has the Administrator’s contact information.
A Participating Class Member who disagrees with any aspect of the Settlement, the Motion for Final Approval and/or Motion for Fees, Litigation Expenses and Service Award may wish to object, for example, that the proposed Settlement is unfair, or that the amounts requested by Class Counsel or Plaintiff are too high or too low. The deadline for sending written objections to the Administrator is July 27, 2026. Be sure to tell the Administrator what you object to, why you object, and any facts that support your objection. Make sure you identify the Action as Sarah Rad v. SkinSpirit Essential, LLC and include your name, current address, telephone number, email, and approximate dates of employment for SkinSpirit and sign the objection. Section 10 of this Notice has the Administrator’s contact information.
Alternatively, a Participating Class Member can object (or personally retain a lawyer to object at your own cost) by attending the Final Approval Hearing. You (or your attorney) should be ready to tell the Court what you object to, why you object, and any facts that support your objection. See Section 9 of this Notice (immediately below) for specifics regarding the Final Approval Hearing.
You can, but don’t have to, attend the Final Approval Hearing on September 9, 2026 at 1:30 pm in Department 18 of the Rene C. Davidson Courthouse, located at 1221 Oak Street, Oakland, CA 94612. At the Hearing, the judge will decide whether to grant Final Approval of the Settlement and how much of the Gross Settlement will be paid to Class Counsel, Plaintiff, and the Administrator. The Court will invite comment from objectors, Class Counsel and Defense Counsel before making a decision. You can attend (or hire a lawyer to attend). Check the Court’s website for the most current information.
It’s possible the Court will reschedule the Final Approval Hearing. You should check the Administrator’s website www.SkinSpiritEssentialSettlement.com beforehand or contact Class Counsel to verify the date and time of the Final Approval Hearing.
The Agreement sets forth everything SkinSpirit and Plaintiff have promised to do under the proposed Settlement. The easiest way to read the Agreement, the Judgment or any other Settlement documents is to go to Atticus Administration’s website at www.SkinSpiritEssentialSettlement.com. You can also telephone or send an email to Class Counsel or the Administrator using the contact information listed below. You can also access the public portal for Alameda Superior Court at https://eportal.alameda.courts.ca.gov and enter case number 24CV095295
DO NOT TELEPHONE THE SUPERIOR COURT TO OBTAIN INFORMATION ABOUT THE SETTLEMENT.
Class Counsel:
Hallie Von Rock, Esq.
Lisseth Bayona, Esq.
Aiman-Smith & Marcy
7677 Oakport Street, Suite 1000
Oakland, CA 94621
[email protected]
510.519.1018
Settlement Administrator:
Atticus Administration, LLC
Email Address: [email protected]
Mailing Address: PO BOX 64053 Saint Paul, MN 55164
Telephone: 800.658.9129
If you lose or misplace your settlement check before cashing it, the Administrator will replace it as long as you request a replacement before the void date on the face of the original check. If your check is already void, you will have no way to recover the money.
To receive your check, you should immediately notify the Administrator if you move or otherwise change your mailing address.