Wal-Mart MDL Settlement Website

In re: Wal-Mart Wage and Hour Employment Practices Litigation Settlement Website
United States District Court for the District of Nevada
Docket No. 2:06-cv-00225-PMP-PAL

*** IMPORTANT UPDATES: ***

(1) THE COURT GRANTED FINAL APPROVAL OF THE “STATE LAWSUITS” (INCLUDING CALIFORNIA) AND THE “KING LAWSUIT” AS DESCRIBED BELOW. THE STATE 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.

(2) FURTHER, THE COURT HAS PRELIMINARILY APPROVED A PROPOSED SETTLEMENT OF CLAIMS BROUGHT ON BEHALF OF A CLASS OF CURRENT AND FORMER HOURLY WAL-MART ASSOCIATES WHO WORKED IN ARKANSAS OR MISSOURI AT A LOCATION OTHER THAN A WAL-MART STORE, SUPERCENTER, NEIGHBORHOOD MARKET, SAM'S CLUB OR DISTRIBUTION CENTER AT ANY TIME FROM MAY 18, 2000 TO FEBRUARY 27, 2009. NOTICE OF THIS SETTLEMENT IS BEING MAILED TO HOME OFFICE SETTLEMENT CLASS MEMBERS ON TUESDAY, FEBRUARY 16, 2010. THE CLAIMS PERIOD FOR THIS HOME OFFICE SETTLEMENT WILL BE OPEN UNTIL MAY 17, 2010, BUT THE CLAIMS PERIOD FOR THE MDL STATE SETTLEMENT WILL REMAIN CLOSED AS OF NOVEMBER 9, 2009, AS PROVIDED ON THE ORIGINAL NOTICE. IF YOU HAVE ANY QUESTIONS REGARDING THE MDL STATE SETTLEMENT, KING SETTLEMENT, OR HOME OFFICE SETTLEMENT, PLEASE CONTACT THE MDL CLAIMS ADMINISTRATOR USING THE INFORMATION BELOW.

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.

State Settlement Important Dates and Deadlines
Class Period	varied, depending on state or territory
Submit Claim Form	November 9, 2009
Request Exclusion	September 24, 2009
Object to Settlement	September 24, 2009
Fairness Hearing	October 19, 2009

King Important Dates and Deadlines
Class Period	February 1, 1997 through May 26, 2009
Object to Settlement	September 24, 2009
Fairness Hearing	October 19, 2009

Home Office Settlement Important Dates and Deadlines
Class Period	May 18, 2000 through February 27, 2009
Submit Claim Form	May 17, 2010
Request Exclusion	April 2, 2010
Object to Settlement	April 2, 2010
Fairness Hearing	May 7, 2010

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.

Class Members in the State Lawsuits generally have the following four options, but be sure to review the State Lawsuits Notice to see if you may be a Class Member and for more information about your options:

Submit a Claim Form. Submit a Claim Form to be eligible to receive a payment from the settlement; you give up the right to sue Wal-Mart individually.
Exclude yourself from the Settlement Class. You will not be eligible to receive a payment but will keep the ability to sue Wal-Mart individually. To exclude yourself you must strictly follow the exclusion procedure set forth in the Notice.
Object to the Settlement. You may remain in the Settlement Class and object to the terms of the Proposed Settlement.
Do nothing. You will still be bound by the settlement and release of claims.

Class Members in the King Lawsuit have the following two options:

Object to the Settlement. You may remain in the Settlement Class and object to the terms of the Proposed Settlement.
Do nothing. You will still be bound by the settlement and release of claims.

The Court will decide whether to grant final approval to one or both of the Settlements after the Final Approval Hearing, which will be held on October 19, 2009, at 11:00 a.m. at the Lloyd D. George United States Courthouse, 1st Floor, 333 Las Vegas Boulevard South, Las Vegas, Nevada 89101-7065.

Wal-Mart MDL Claims Administrator:

PO Box 2204
Faribault, MN 55021-1604
Telephone: 1-800-677-5163

This website will be updated periodically with additional information on the Settlement. The above is an unofficial summary. For the Court approved Notice, please click on the Notice of Proposed Class Action Settlement and Release of Claims; Hearing to Determine Whether to Approve Proposed Class Settlement (“Notice”) or the King Notice of Class Action Settlement or the Notice of Home Office Settlement.

PLEASE DO NOT TELEPHONE THE COURT OR THE OFFICE OF THE CLERK FOR
INFORMATION REGARDING THIS SETTLEMENT OR THE CLAIM PROCESS.

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