A proposed settlement has been reached between the parties in this class action pending in the United States District Court for the Southern District of New York brought on behalf of all individuals described above (the “Settlement Class”). The Court has preliminarily approved the Settlement, which terms are set forth in the Settlement Agreement. Your rights in this Settlement are as follows:
SUBMIT A CLAIM FORM (Postmark deadline: April 28, 2013)
In order to receive a Settlement Payment, you must complete, sign, and return a Claim Form by April 28, 2013. Even if you were paid a salary and told you were not eligible for overtime compensation, you can take part in the Settlement. If your Claim Form is not postmarked by the deadline, you will not receive a Settlement Payment and your claims will be released. It is recommended that you retain some form of proof of mailing.
DO NOTHING BUT STAY IN THE SETTLEMENT CLASS
In order to receive a Settlement Payment, you must complete, sign, and return a Claim Form by April 28, 2013. Even if you were paid a salary and told you were not eligible for overtime compensation, you can take part in the Settlement. By doing nothing, you will remain in the Settlement Class but you will not be entitled to receive a Settlement Payment. You will be legally bound by all orders and judgments of the Court, and you will not be able to sue, or continue to sue, Family Dollar in any lawsuit relating to the alleged misclassification of New York Store Managers during the time period covered by the Settlement.
OPT OUT OF THE SETTLEMENT CLASS (Postmark deadline: April 13, 2013)
You may opt out of the Settlement Class. If you opt-out, you will receive no benefits or Settlement Payment, you will not be giving up any legal claims you may have against Family Dollar, and you will not be bound by any orders or judgments of the Court. To opt-out, you must send a letter to Family Dollar Settlement, c/o Rust Consulting, Inc. - 3788, P.O. Box 2396, Faribault, MN 55021-9096, stating that you want to opt out of the Settlement Class. This letter must include your name, address, telephone number, and the last four digits of your social security number.
OBJECT AND GO TO A HEARING (Postmark deadline: April 13, 2013)
You must file any objections you may have to the Settlement with the Settlement Administrator at Family Dollar Settlement, c/o Rust Consulting, Inc. - 3788, P.O. Box 2396, Faribault, MN 55021-9096, and also state whether you intend to attend the Fairness Hearing. Your submission to the Settlement Administrator should be sent via first class United States mail, postage prepaid, or by overnight mail or delivery service, such as Federal Express or UPS. You must also send a copy of your objections to:
For the Settlement Class:
Seth Lesser, Esq.
Klafter Olsen & Lesser, LLP
Two International Dr.
Rye Brook, NY 10573
For Family Dollar Stores:
Joel M. Cohn, Esq.
Akin Gump Straus Hauer & Feld, LLP
1333 New Hampshire Ave. NW
Washington, DC 20036
The complete rules for objecting and appearing at the Fairness Hearing are contained in the Preliminary Approval Order.