Representative Plaintiffs, who are or were employed by Publix, brought this Lawsuit claiming that certain payments were improperly excluded from the regular rate in calculating overtime pay for current and former Hourly Associates, which Plaintiffs allege resulted in you being paid overtime pay based on your hourly rate for your overtime hours recorded, but not being paid overtime pay based on certain additional bonus or incentive payments other than your hourly rate for those overtime hours. The payments at issue in the case are Holiday Benefit; Retail Bonus; Holiday Bonus; tuition reimbursement; Prevention Plus prizes; and WIN and Change It awards. On August 19, 2015, the Court ruled that Holiday Benefit was improperly excluded from the overtime calculation, and entered judgment for Representative Plaintiffs on this claim. The Court’s ruling means that while you were paid all of the required overtime pay for your recorded overtime hours worked based on your hourly rate, Publix should have also paid an additional amount of overtime based on the amount of Holiday Benefit pay you received for a week in which you worked recorded overtime hours that included the shift before, on, or after the holiday for which the lump sum 8 hours of Holiday Benefit was paid. The Court also ruled that Retail Bonus; Holiday Bonus; tuition reimbursement; Prevention Plus prizes; and WIN and Change It awards were properly excluded from the overtime calculation, and entered judgment for Publix on these claims. It is Representative Plaintiffs’ position that, notwithstanding the Court’s ruling, their claims have merit. Publix, for its part, has denied and continues to deny any wrongdoing and denies any and all liability and damages in the Lawsuit. Nonetheless, to avoid the burden, expense, inconvenience and uncertainty of continued litigation, including potential appeals, Representative Plaintiffs and Publix have concluded that it is in each of their best interests to settle the Lawsuit.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT
You have three options with respect to the settlement, each of which is discussed below. You may 1) Cash the Mailed Settlement Check, 2) Do Not Cash the Check and Do Not Withdraw from the Settlement or 3) Do Not Cash the Settlement Check and Withdraw from the Settlement.
OPTION 1. Cash the Settlement Check You Recieved By Mail
Included with your Notice is a settlement check. By signing or otherwise depositing, cashing, and/or endorsing (including by mobile or remote deposit by phone) the settlement check within the 120 day period before the check expires, you agree to be bound to the settlement.
OPTION 2. Do Not Cash the Check and Do Not Withdraw from the Settlement
If you do not deposit, cash, and/or endorse the settlement check, and you do not withdraw from the settlement, then you release only claims related to Holiday Benefit and not other claims.
OPTION 3. Do Not Cash the Settlement Check and Withdraw from the Settlement
If you do not deposit, cash, and/or endorse the settlement check, and you do withdraw from the settlement (following the steps described below), then you exclude yourself from the settlement, withdraw from the case, and you release no claims, but receive no payment under this settlement.
If you want to withdraw, complete the Withdrawal Form found here and return it to us. You can either email a copy of the form to firstname.lastname@example.org or mail a paper copy of the form to White v. Publix Super Markets, Inc., c/o KCC Class Action Services, P.O. Box 404002 Louisville, KY 40233-4002. Your Withdrawal Form will not be effective if you also cash your check. If you cash the check, you will be bound by the settlement even if you also submit a Withdrawal Form.