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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
NOTE: These FAQs relate only to the Home Office Settlement and provide only
partial information regarding the Settlement. For more complete information regarding
the Settlement, please refer to the “Home Office Settlement Notice,” “State Settlement
Notice” and “State Settlement Agreement” links on the MDL settlement website (www.walmartmdl.com).
- WHAT IS THIS LAWSUIT ABOUT?
- WHY DID I RECEIVE THIS NOTICE?
- WHO IS INCLUDED IN THE HOME OFFICE SETTLEMENT CLASS?
- WHAT ARE MY RIGHTS AS A CLASS MEMBER?
- HOW CAN I EXCLUDE MYSELF?
- HOW CAN I OBJECT?
- WHAT IF I DO NOTHING?
- WHAT IS THE SETTLEMENT AMOUNT?
- HOW MUCH WILL I RECEIVE?
- HOW ARE PAYMENTS CALCULATED?
- WHEN WILL I BE PAID?
- WHAT IS THE APPEALS PERIOD?
- DO I NEED TO HIRE MY OWN ATTORNEY?
- WHO ARE THE ATTORNEYS REPRESENTING THE CLASS?
- WILL I HAVE TO PAY ATTORNEYS’ FEES?
- WHO PAYS ATTORNEYS’ FEES?
- HOW MUCH ARE THE ATTORNEYS RECEIVING?
- WHAT WILL THE CLASS REPRESENTATIVE RECEIVE?
- WHAT IF I DISAGREE WITH THE INFORMATION SHOWN ON
MY CLAIM FORM?
- WHAT IS THE RELEASE?
- WILL THE COMPANY RETALIATE AGAINST ME FOR FILING
A CLAIM?
- WHAT IS THE FINAL APPROVAL HEARING?
- WHERE/WHEN IS THE FINAL APPROVAL HEARING?
- DO I HAVE TO ATTEND THE FINAL APPROVAL HEARING?
- MAY I SPEAK AT/OBJECT AT THE FINAL APPROVAL HEARING?
- WHAT IS A CLASS ACTION?
- PERSON TO WHOM THE NOTICE WAS SENT IS DECEASED OR
INCAPABLE OF ACTING. CAN I SUBMIT THE CLAIM FORM ON HIS/HER BEHALF?
- HOW CAN I GET MORE INFORMATION?
- WHAT IS THIS LAWSUIT ABOUT?
Plaintiffs claim that Wal-Mart did not pay Home Office Class Members for all time
worked and/or did not provide them with full, uninterrupted rest breaks and meal
periods. These claims are more fully described in the Amended Consolidated Complaint,
which may be downloaded from the Settlement Website, www.walmartmdl.com, and are
collectively referred to as the "Class Claims."
Wal-Mart denies all allegations of wrongdoing. By authorizing the Notice, the Court
is not expressing any opinion regarding the merits of the Class Claims or the defenses
of Wal-Mart to those claims. Nothing contained in the Notice should be construed
as suggesting the Court's view as to which side might prevail should this matter
proceed to trial.
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- WHY DID I RECEIVE THIS NOTICE?
You received the Notice because you have been identified as a member of a class
of current or former Wal-Mart hourly employees who may be eligible to submit a claim
to recover money as part of a proposed class action settlement.
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- WHO IS INCLUDED IN THE HOME OFFICE SETTLEMENT CLASS?
The Home Office Settlement class consists of all current and former hourly employees
who worked at the Wal-Mart home office in Arkansas or Missouri at a location other
than a Wal-Mart store, Supercenter, Neighborhood Market, Sam's Club, or Distribution
Center during the period May 18, 2000 up to February 27, 2009.
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- WHAT ARE MY RIGHTS AS A CLASS MEMBER?
- You may participate in the Settlement. If you wish to participate, you must submit
one of the Claim Forms, completed, signed and postmarked or submitted online no
later than May 17, 2010. (The Long Claim Form may not be submitted online.)
You will lose the right to sue Wal-Mart individually for any of the claims covered
by this settlement.
- You may exclude yourself from the Class by sending a properly written letter of
exclusion, as specified in the Notice, postmarked no later than April 2, 2010. If
you exclude yourself from the settlement you will not be able to claim any benefits
or object to the settlement, but you will not lose the right to sue Wal-Mart individually
for any of the claims covered by this settlement.
- You may object to the Settlement by following the procedure specified in the Notice.
Any objection must be signed under penalty of perjury and postmarked no later than
April 2, 2010.
- You may do nothing, in which case you will remain a member of the class and be bound
by the Settlement and release of claims, but you will not receive any of the settlement
proceeds and you will lose the right to sue Wal-Mart individually for any of the
claims covered by this settlement.
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- HOW CAN I EXCLUDE MYSELF?
You may exclude yourself by sending an Exclusion Letter to the Claims Administrator
by April 2, 2010. The Exclusion Letter must include your Social Security
number, must be signed by you under oath, and must state the following:
- "I do not want to be a member of the Settlement Class in MDL 1735. I understand
that I will not be eligible to receive any monetary benefits of the Settlement or
to object to the Settlement, and that any claim I wish to pursue against Wal-Mart
will be my own responsibility and at my own expense."
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- HOW CAN I OBJECT?
You may object to the Settlement by filing a written objection. Your objection must
be filed with the Court and a copy of your written objection must also be
mailed to Co-Lead Class Counsel and Defense Counsel. (Names and addresses are provided
in the Notice.) Your objection must be filed and postmarked no later than April 2,
2010. Your objection must be signed under penalty of perjury and must contain
the following information: 1) a heading referring to this Litigation; 2) your name,
address, telephone number, and the contact information for any attorney retained
by you in connection with the objection or otherwise in connection with the litigation
of MDL 1735; 3) the specific location or locations where you worked for Wal-Mart,
your position at each location and your dates of employment at each location; 4)
a detailed statement of the specific factual and legal basis for each objection,
including why you have chosen to object rather than exclude yourself from the Home
Office Settlement Class; 5) a statement as to whether you intend to appear at the
Final Approval Hearing, either in person or through counsel, and, if through counsel,
identifying the counsel by name, address and telephone number; 6) a list of any
witnesses you may call at the Final Approval Hearing, together with a brief summary
of each witness’s expected testimony; 7) a list of and copies of any exhibits which
you may seek to use at the Final Approval Hearing; 8) a list of any legal authority
you may present at the Final Approval Hearing; and 9) your signature, executed under
penalty of perjury.
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- WHAT IF I DO NOTHING?
If you do nothing and the Court approves the Settlement, you will be bound by the
terms of the Settlement, including the release of your individual claims, but you
will not receive any money under the Settlement.
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- WHAT IS THE SETTLEMENT AMOUNT?
The Class Settlement Amount has an aggregate Ceiling of up to $85 million and a
Floor of $65 million.
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- HOW MUCH WILL I RECEIVE?
The amount you receive will be based on the time you worked for Wal-Mart and the
information you provide on your Claim Form.
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- HOW ARE PAYMENTS CALCULATED?
The payment will be calculated based on how long you worked at Wal-Mart during the
class period for the state in which you worked, the Claim Form you submit and the
information you provide on that Claim Form.
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- WHEN WILL I BE PAID?
If the Court approves the Proposed Settlement, Class Member Claims will be paid
as soon as practicable after any appeals of such Final Approval Order have been
resolved without possibility of further review. Payments will begin to be made as
soon as practicable after 60 days have passed from the date of final approval if
no appeals are filed.
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- WHAT IS THE APPEALS PERIOD?
Final approval of the settlement can be appealed up to sixty days following the
date the judgment is entered. If there is an appeal, there is no way to tell how
long it will take to resolve the appeal. It could be months or, more likely, years.
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- DO I NEED TO HIRE MY OWN ATTORNEY?
You may hire your own attorney at your own expense if you choose to do so, but you
are already represented by Class Counsel as set forth in the Notice.
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- WHO ARE THE ATTORNEYS REPRESENTING THE CLASS?
Co-Lead Class Counsel are:
Robert J. Bonsignore, Esq.
BONSIGNORE & BREWER
23 Forest Street
Medford, Massachusetts 02155
Carolyn Beasley Burton, Esq.
THE MILLS LAW FIRM
880 Las Gallinas Avenue, Suite Two
San Rafael, California 94903
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- WILL I HAVE TO PAY ATTORNEYS’ FEES?
The only way that you would have to pay attorneys’ fees is if you choose to hire
your own attorney.
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- WHO PAYS ATTORNEYS’ FEES?
The attorneys’ fees and expenses for Class Counsel will be paid from the Class Settlement
Amount.
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- HOW MUCH ARE THE ATTORNEYS RECEIVING?
The Court awarded Class Counsel attorneys’ fees of 33.333 percent of the total Class
Settlement Amount to compensate Class Counsel for the work performed by Class Counsel
in bringing this Litigation, but the Court has reserved ruling on whether the 33.333
percent will apply to the floor amount of $65 million or the ceiling amount of $85
million until the claim submission deadlines have passed. The Court also approved
reimbursement of litigation costs incurred by Class Counsel in the amount of $515,696.32.
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- WHAT WILL THE CLASS REPRESENTATIVES RECEIVE?
The Court awarded the four Class Representatives who were deposed $15,000 each,
and award the other Class Representatives and Named Plaintiffs $10,000 each.
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- WHAT IF I DISAGREE WITH THE INFORMATION SHOWN ON
MY CLAIM FORM?
If any of the information on your Claim Form is incorrect, please provide the correct
information in the space indicated for that purpose.
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- WHAT IS THE RELEASE?
Home Office Class Members are bound by the Release of claims set forth in the Settlement
Agreement, as follows: Subject to final approval by the Court of the Settlement,
and for good and valuable consideration set forth herein, the receipt and sufficiency
of which is hereby acknowledged, all Named Plaintiffs, Class Representatives, and
all members of each of the State Settlement Class other than those who submit Exclusion
Letters (“State Settlement Class Releasing Class Members”), do, as
of the Settlement Effective Date, hereby irrevocably release, acquit, and forever
discharge Wal-Mart of and from any and all claims, rights, penalties, demands, damages,
debts, accounts, duties, costs and expenses (other than those costs and expenses
required to be paid pursuant to this Settlement Agreement), liens, charges, complaints,
causes of action, obligations, or liability for all claims that they brought or
could have brought in their own right or on a representative basis, that were asserted
in the Litigation or that could have been asserted but were not asserted in the
Litigation, arising during the applicable settlement class periods, whether known
or unknown, on the basis of, connected with, arising out of, or related in whole
or in part to any or all of the alleged acts, omissions, facts, matters, transactions,
circumstances, and occurrences that were directly or indirectly alleged, asserted,
described, set forth or referred to in the Litigation, whether such allegations
were or could have been based on common law or equity, or on any statute, rule,
regulation, order, or law, whether federal, state, or local. The State Settlement
Class Releasing Class Members further covenant to obtain any necessary Court approval
with respect to the State Settlement Class Released Claims as they apply to any
minor Class Members. A full description of the claims being released is contained
in the Settlement Agreement.
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- WILL THE COMPANY RETALIATE AGAINST ME FOR FILING
A CLAIM?
No. Retaliation by Wal-Mart against Class Members relating to their submission of
a Claim Form or opting out of the Proposed Settlement is unlawful and is strictly
prohibited.
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- WHAT IS THE FINAL APPROVAL HEARING?
The Court preliminarily approved the Proposed Home Office Settlement and preliminarily
certified the Home Office Settlement Class, pursuant to Rule 23 of the Federal Rules
of Civil Procedure and the FLSA, on November 2, 2009. The Court will conduct a hearing
on May 7, 2010 at 1:30 p.m. to determine whether to grant final approval of the
Proposed Home Office Settlement (the “Final Approval Hearing”). The Final Approval
Hearing will be held before the Honorable Phillip M. Pro at the United States District
Court, 333 Las Vegas Boulevard South, Las Vegas, Nevada 89101-7065. Without further
notice, the Court may adjourn and reconvene the Final Approval Hearing and set it
for a different time.
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- WHERE/WHEN IS THE FINAL APPROVAL HEARING?
The Court will hold the Final Approval Hearing on May 7, 2010 at 1:30 p.m. , before
the Honorable Phillip M. Pro at the United States District Court for the District
of Nevada, Lloyd D. George United States Courthouse, 1st Floor, 333 Las Vegas Boulevard
South, Las Vegas, Nevada 89101-7065.
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- DO I HAVE TO ATTEND THE FINAL APPROVAL HEARING?
You do not need to appear at the Final Approval Hearing. If you, or your personal
attorney, wish to attend the hearing, you may do so at your own expense.
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- MAY I SPEAK AT/OBJECT AT THE FINAL APPROVAL HEARING?
If you filed a proper and timely objection indicating that you wish to attend the
hearing, the Court may allow you to speak.
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- WHAT IS A CLASS ACTION?
A class action is a lawsuit in which one or a few named plaintiffs bring suit on
behalf of all members of a similarly situated group to recover damages for all members
of the group, without the necessity of each member filing an individual lawsuit
or appearing as an individual plaintiff. Class actions are used by courts to resolve
claims that raise basic issues of law or fact that are common to members of the
class thereby making it fair to bind all class members to the orders and the judgment
in the case, without the necessity of hearing essentially the same claims over and
over. The class action mechanism has traditionally been used by the courts for the
benefit of both sides of a dispute. Class actions eliminate the necessity of filing
multiple lawsuits to resolve similar issues. Instead, all parties are bound by the
results of a single lawsuit.
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- THE PERSON TO WHOM THE NOTICE WAS SENT IS DECEASED
OR INCAPABLE OF ACTING. CAN I COMPLETE THE CLAIM FORM ON HIS/HER BEHALF?
DECEASED RESPONSE: If you are the executor of the estate, or if there is
no estate and you are the surviving spouse/child/beneficiary, you may complete the
Claim Form. Provide the requested employment information for the deceased Class
Member, but otherwise complete the Claim Form as if it is your Claim Form; that
is, provide your contact information, Social Security number and signature. Please
attach a note explaining the situation and your relationship to the deceased Class
Member. Please also attach a copy of the death certificate and any legal documents
you may have. The attorneys will send an affidavit of heirship to you at a later
date.
INCAPABLE OF ACTING RESPONSE: If you have a Power of Attorney for the Class
Member, please complete the Claim Form on behalf of the Class Member and include
a copy of your Power of Attorney when you send in the Claim Form.
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- HOW CAN I GET MORE INFORMATION?
More information is available in the Notice and Settlement Agreement, which you
can view or download by
clicking here. You may also contact the Claims Administrator by email (info@walmartmdl.com)
or by phone, toll-free, at 1-800-677-5163. Alternatively you may contact Class Counsel.
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