|
|
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: The King Lawsuit was settled separately and is being handled differently.
For information about the King Lawsuit and settlement, see the “King Notice,” “King
Summary Notice” and “King Settlement Agreement” links on the Settlement Website
— www.walmartmdl.com. These FAQs only apply to the settlement of the State Lawsuits
and California lawsuit.
- WHAT ARE THESE LAWSUITS ABOUT?
- WHY DID I RECEIVE THIS NOTICE?
- WHO IS INCLUDED IN THE 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 ARE THESE LAWSUITS ABOUT?
Plaintiffs claim that Wal-Mart did not pay Class Members in the states listed in
Question 3 (referred to as the “Covered States”) for all time worked and/or did
not provide them with full, uninterrupted rest breaks and meal periods. In the California
lawsuit, Plaintiffs claim that Wal-Mart engaged in “time-shaving” practices and
consequently did not pay California Settlement Class Members for all time worked.
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.
Return to top
- 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.
Return to top
- WHO IS INCLUDED IN THE CLASS?
The class consists of all current and former hourly employees who worked at a Wal-Mart
store, Supercenter, Neighborhood Market, Sam's Club, or Distribution Center in one
or more of 29 states or territories during the following time periods:
|
Alabama
|
2/17/1999 - 02/27/2009
|
|
|
Maryland
|
4/4/2004 - 02/27/2009
|
|
|
Puerto Rico
|
01/06/1994 - 02/27/2009
|
|
|
Alaska
|
4/7/1999 - 02/27/2009
|
|
|
Michigan
|
9/14/2000 - 02/27/2009
|
|
|
Rhode Island
|
9/20/1986 - 02/27/2009
|
|
|
Arkansas
|
5/18/2000 - 02/27/2009
|
|
|
Montana
|
1/13/1998 - 02/27/2009
|
|
|
South Dakota
|
5/11/1999 - 02/27/2009
|
|
|
Connecticut
|
12/6/2000 - 02/27/2009
|
|
|
Nebraska
|
12/8/2000 - 02/27/2009
|
|
|
Texas
|
4/3/2003 - 02/27/2009
|
|
|
Delaware
|
4/4/2002 - 02/27/2009
|
|
|
Nevada
|
7/26/1999 - 02/27/2009
|
|
|
Utah
|
1/20/2000 - 02/27/2009
|
|
|
Georgia
|
2/5/1999 - 02/27/2009
|
|
|
New Hampshire
|
2/17/2002 -02/27/2009
|
|
|
Virginia
|
4/3/2001 - 02/27/2009
|
|
|
Hawaii
|
11/1/1999 -02/27/2009
|
|
|
North Carolina
|
3/23/2003 - 02/27/2009
|
|
|
West Virginia
|
4/3/1997 -02/27/2009
|
|
|
Idaho
|
10/25/2003 -02/27/2009
|
|
|
North Dakota
|
11/15/2000 -02/27/2009
|
|
|
Wisconsin
|
4/2/2001 - 02/27/2009
|
|
|
Louisiana
|
9/15/2003 - 02/27/2009
|
|
|
Ohio
|
4/4/1991 - 02/27/2009
|
|
|
Wyoming
|
10/26/1995 - 02/27/2009
|
|
|
Maine
|
1/12/2000 - 02/27/2009
|
|
|
Oregon
|
3/30/2001 - 02/27/2009
|
|
|
AND/OR
All current and former hourly employees of Wal-Mart in the State of California
at any time from March 19, 2003 up to February 27, 2009, whose records show a one
or two-minute punch or inserted meal period which deprived the employee of time
worked for which the employee was not subsequently paid.
Return to top
- 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 November 9, 2009. (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 September 24, 2009.
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
September 24, 2009.
- 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.
Return to top
- HOW CAN I EXCLUDE MYSELF?
You may exclude yourself by sending an Exclusion Letter to the Claims Administrator
by September 24, 2009. The Exclusion Letter must identify each Covered State
for which you are excluding yourself (or California), the location or location(s)
and each type of facility or facilities in which you worked, the time period during
which you worked in each state that you identify, 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 with respect
to the state or states I have identified in this letter. I understand that, with
respect to each state for which I have excluded myself, 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."
OR
"I do not want to be a member of the California Settlement Class in MDL 1735.
I understand that by excluding myself, 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 own my expense."
Return to top
- 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 September
24, 2009. 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 state or states, the specific location or locations,
and the type of facility or facilities 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 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.
California: You may object to the Settlement by filing a written objection
with the Court. Your objection must be filed 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 September 24, 2009. 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 the California Claims in MDL 1735; 3) the specific
location or locations, and the type of facility or facilities 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 California
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.
Return to top
- 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.
Return to top
- WHAT IS THE SETTLEMENT AMOUNT?
The Class Settlement Amount has an aggregate Ceiling of up to $85 million and a
Floor of $65 million.
Return to top
- 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.
Return to top
- 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.
Return to top
- WHEN WILL I BE PAID?
The court granted final approval of the settlement finding that it was fair, adequate
and reasonable but an appeal has been taken. Class members who submitted timely
and valid claim forms will be paid as soon as practicable after the appeal is resolved,
which could take several months or longer.
Return to top
- 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.
Return to top
- 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.
Return to top
- 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
Return to top
- 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.
Return to top
- WHO PAYS ATTORNEYS’ FEES?
The attorneys’ fees and expenses for Class Counsel will be paid from the Class Settlement
Amount.
Return to top
- HOW MUCH ARE THE ATTORNEYS RECEIVING?
Class Counsel shall request that the Court award Class Counsel a reasonable attorneys’
fee of 33.333 percent of the total Class Settlement Amount of $85 million to compensate
Class Counsel for the work performed by Class Counsel in bringing this Litigation.
Class counsel may also request and be awarded the Court approved costs of the litigation.
Return to top
- WHAT WILL THE CLASS REPRESENTATIVES RECEIVE?
Class Counsel shall request that the Court award the four Class Representatives
who were deposed $15,000 each, and award the other Class Representatives and Named
Plaintiffs $10,000 each.
Return to top
- 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.
Return to top
- WHAT IS THE RELEASE?
The Release of claims in the Covered States provides 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.
The Release of California claims provides 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 members
of the California State Settlement Class other than those who submit Exclusion Letters
(“California 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 Bayardo or that could have been asserted but were not asserted in Bayardo,
arising during the Settlement Class Period applicable to the California State Settlement
Class, 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 Bayardo, 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
California State Settlement Class Releasing Class Members further covenant to obtain
any necessary Court approval with respect to the California 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.
Return to top
- 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.
Return to top
- WHAT IS THE FINAL APPROVAL HEARING?
At the Final Approval Hearing, the Court will determine whether the Proposed Settlement
should be given final approval as fair, reasonable, and adequate; determine whether
judgment dismissing this Litigation with prejudice should be entered; and determine
what amounts to award Class Counsel and Class Representatives. If objections have
been filed, the Court will consider them at that time.
Return to top
- WHERE/WHEN IS THE FINAL APPROVAL HEARING?
The Court will hold the Final Approval Hearing on October 19, 2009, at 11:00 a.m.,
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.
Return to top
- 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.
Return to top
- 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.
Return to top
- 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.
Return to top
- 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.
Return to top
- HOW CAN I GET MORE INFORMATION?
More information is available in the Class Notices 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.
Return to top
|
