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IMPORTANT UPDATE: THE COURT GRANTED FINAL APPROVAL OF THE STATE WAGE AND HOUR SETTLEMENT
AND THE KING ERISA SETTLEMENT. THE STATE WAGE AND HOUR SETTLEMENT IS NOW ON APPEAL,
SO CLASS MEMBERS WHO SUBMITTED TIMELY AND VALID CLAIM FORMS WILL NOT RECEIVE PAYMENT
UNTIL AFTER THE APPEAL IS RESOLVED, WHICH COULD TAKE SEVERAL MONTHS OR LONGER.
Two settlements have been proposed in a consolidated class action lawsuit pending
in the United States District Court for the District of Nevada. One group of lawsuits
alleges that Wal-Mart did not provide the Class Members with full, uninterrupted
rest breaks and meal periods and did not pay the Class Members for all the time
they worked (the “State Lawsuit”). The other lawsuit alleges claims under ERISA
(“King Lawsuit”) on behalf of 401(k) retirement plans and their participants. Although
Wal-Mart denies the allegations in all of the lawsuits, the parties to all of the
cases have agreed to a settlement.
The Court has preliminarily approved the settlement and has conditionally certified
a Settlement Classes in accordance with the proposed Settlement Agreements.
With respect to the State Lawsuits, if you are a member of the Settlement Class
you may be eligible to receive a payment under the settlement if you are a current
or former hourly associate who works or worked at a Wal-Mart store, Supercenter,
Distribution Center, Neighborhood Market or Sam’s Club in one of thirty states and
territories during the relevant time period. In connection with the State Lawsuits,
Wal-Mart has agreed to pay up to $85 million into a settlement fund. Payments of
Class Members’ claims, attorney fees and expenses, and costs of administering the
Settlement will be paid from the settlement fund.
With respect to the King Lawsuit, Wal-Mart has agreed to pay up to $5 million into
a settlement fund. Payments to eligible class members, for attorneys’ fees and expenses
and for certain costs will be paid from the settlement fund.
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State Settlement Important Dates and Deadlines |
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Class Period |
varied, depending on state or territory |
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Submit Claim Form
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November 9, 2009 |
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Request Exclusion
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September 24, 2009 |
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Object to Settlement
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September 24, 2009 |
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Fairness Hearing
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October 19, 2009 |
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King Important Dates and Deadlines |
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Class Period |
February 1, 1997 through May 26, 2009 |
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Object to Settlement
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September 24, 2009 |
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Fairness Hearing
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October 19, 2009 |
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