Simic v. Kasamba, Inc. Case No. 24STCV23254 (Superior Court of California, Los Angeles Count
On September 9, 2024, a former spiritual advisor filed a lawsuit against Kasamba, Inc.(“Defendant”). The named plaintiff asserts individual claims and claims on behalf of other similarly situated readers (also referred to as astrologers, life coaches, counseling readers, tarot advisors, and psychic advisors – collectively “Readers”).The Complaint alleges that Kasamba misclassified the Plaintiff and other Readers as independent contractors, seeking to avoid various duties and obligations owed to employees under California’s Labor Code and Industrial Welfare Commission (“IWC”) wage orders. Specifically, the complaint alleges that as a result of the misclassification, Kasamba failed to pay minimum wages for all hours worked, failed to reimburse for business expenses, unlawfully deducted from earned wages, failed to furnish accurate wage statements, failed to provide all wages owed upon termination, and failed to comply with pay timing requirements
The plaintiff brought the case as a putative class action under the California Labor Code and Industrial Welfare Commission (“IWC”) wage orders seeking to recover damages, penalties, and other statutorily-permitted relief for himself and others.
Plaintiff is represented by Daniel S. Brome from Nichols Kaster, LLP in San Francisco, California, Reena I. Desai from Nichols Kaster, PLLP in Minneapolis, Minnesota and Christopher Q. Davis and Jessica S. Cahill of Working Solutions Law Firm, LLC in New York, New York.
Our FAQ
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Is This a Class Action? What Does that Mean?
This case is a potential class action under California state law. The idea behind a class action is that it allows one or more people to sue on behalf of themselves and other people who have similar claims. To proceed as a group, though, the Court must certify the class. Because we are in the early stages of the case, this has not happened yet, but we intend to seek the company’s agreement or file the motion at the appropriate time asking the Court to grant this certification.
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Am I Eligible?
State Law:
You may have a claim in this case for damages under California law if you worked for Kasamba as a psychic reader, or similar title, from within California and were classified as an independent contractor at any time within the past four years. Whether additional readers are added to this case to pursue claims under California law will depend on the Court’s ruling on a motion for class certification, which has not been filed yet.
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Which Locations Are Included?
This case seeks to include all psychic readers, or those in similar titles, who work or have worked for Defendant within California within the past four years.
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What Time Frame Does This Case Cover?
The claims have what is called a statute of limitations, which allows workers to recover damages within specific time periods. Under California law, the statute of limitations for most claims is four years, although some claims have a shorter limitations period.
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Do I Have to Pay Anything?
We are handling this case on a contingency fee basis. This means we will only be paid if the lawsuit is successful in obtaining relief either through a settlement, award, or a final judgment, and that payment will only come out of that settlement, award, or final judgment.
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How Do I Prove the Hours I Worked?
If you have records of the hours you worked, please preserve and keep them. However, you do not need to have records of your work hours to be included in this case. If Defendant did not keep accurate time records, most courts will permit a good-faith estimate of your work hours. Through this lawsuit, we will seek any records the company may have of your hours worked as well.
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What About Retaliation?
It is against the law for an employer to retaliate against a person for participating a lawsuit to reclaim unpaid wages. If you currently work for Kasamba and you believe you may be the victim of retaliation for joining or participating in this lawsuit, contact the case clerk, Bridget Peterson at (612) 256-3259 or bpeterson@nka.com immediately.
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How Long Will This Case Take?
The length of this kind of lawsuit varies from case to case, but they typically last one to three years.
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Is There Money Available Now?
No. This is a pending lawsuit. There is no money currently available and there is no guarantee that you will receive money for joining the lawsuit.
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How Do I Learn More?
To learn more about this case, feel free to contact the case clerk, Bridget Peterson, at (612) 256-3259 or bpeterson@nka.com.
A member of our team will be in touch shortly to confirm your contact details or address questions you may have.