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Commonly Asked Questions


What is the Notice about?

Answer:

A proposed settlement (the “Settlement”) has been reached between plaintiff Stacy Thompson (“Plaintiff ”) and defendant Target Corporation (“Target”), in the class action pending in the Court (the “Action”) on behalf of a group of current and former Target employees (the “Class”). The Court has preliminarily approved the Settlement and conditionally certified the Class for purposes of the Settlement only. If you have received a notice Target records indicate that you are a member of the Class. The notice is designed to inform you of how you can object to the Settlement, opt out of the Settlement, or provide corrected information to the Settlement Administrator. Unless you opt out of the Settlement, the Settlement if finally approved by the Court will be binding upon you.

What is the Lawsuit about?

Answer:

The Action, which is currently pending in the Superior Court of the State of California for the County of Los Angeles, is titled “Stacy Thompson, Plaintiff v. Target Corporation and Does 1 through 10, Defendants,” No. BC474522 (the “Action”).

In this Action, Plaintiff alleges that Target failed to provide Class Members with meal periods, for which Plaintiff seeks to recover a meal-period premium of one hour of wages for each violation pursuant to California Labor Code section 226.7(c), and for equitable restitution of those meal-period premiums under the unfair competition law, Cal. Bus. & Prof.Code § 17200 et seq. Plaintiff additionally seeks penalties under the California Labor Code Private Attorneys General Act (“PAGA”), Cal. Lab. Code § 2698 et seq. Plaintiff sues on behalf of herself and all other individuals allegedly similarly situated to her with respect to the claims she asserted.

Target denies and continues to deny all of Plaintiff ’s material allegations. Specifically, Target contends, among other things, that it did not fail to provide meal periods; that it has a good-faith belief, based in fact and law, that no meal-period premiums were due to Plaintiff; that a class could not be appropriately certified in the Action for trial purposes; and that if a class were certified for trial purposes, Target’s defenses to Plaintiff ’s claims would be applicable to the claims of the class.

After good-faith negotiations, in which both sides recognized the substantial risk of an uncertain outcome, Plaintiff and Target agreed to settle the Action pursuant to the terms and conditions of the Settlement.

The Settlement represents a compromise and settlement of highly disputed claims. Nothing in the Settlement is intended or will be construed as an admission by Target that Plaintiff ’s claims in the Action have merit or that it has any liability to Plaintiff or the proposed class on those claims. On the contrary, Target denies any and all such liability.

The parties and their counsel have concluded that the Settlement is advantageous, considering the risks and uncertainties to each side of continued litigation. The parties and their counsel have determined that the Settlement is fair, reasonable, and adequate and is in the best interests of the members of the Class.

Who is included in the Settlement?

Answer:

You are included in the Settlement if you fall within the following definition:

All hourly Target team members who were employed at a Target store in California at any time during the applicable Covered Period who appear in Target’s time-punch records as having worked: (1) one or more shifts of more than five hours where the team member did not take a continuous 30-minute break starting during the first five hours of the shift; or (2) one or more shifts of more than ten hours where the team member did not take a continuous 30-minute meal break starting during the second five hours of a shift and had not given a second meal period waiver (in each case, a “Non-Compliant Meal Period”), excluding any individuals who already have resolved the claims asserted in the Action, whether by release or adjudication.

“Covered Period” means for all Class Members other those who are bound by the class settlement and release of claims in Mesindo Pompa v. Target Corp., U.S.D.C., C.D. Cal., Case No. CV-10-0634 AHM (FFMx) (judgment entered on February 13, 2012) (the “Pompa Settlement”), the period of time from December 22, 2007, through May 5, 2017; and for all Class Members who are bound by the Pompa Settlement, the period of time from February 14, 2012, through May 5, 2017.

The Class does not include any individuals who already have resolved the claims asserted in the Action, whether by release or adjudication, except to the extent that release or adjudication does not extend to claims accruing after the effective date of that release or adjudication.

Who represents the employees in the lawsuit?

Answer:

The attorney representing the employees in the lawsuit is Allen Graves of The Graves Firm.

What will I receive from the Settlement?

Answer:

Target will pay $9,000,000 as the Total Settlement Amount. The Total Settlement Amount will fund all payments to be made under the Settlement. These payments include:

  • Payment to LWDA: Because Class Members are also releasing their claims for civil penalties under PAGA, the parties have agreed that the LWDA, which is entitled to share in any recovery of civil penalties, will be paid $100,000 out of the Total Settlement Amount as the LWDA’s share of the settlement of civil penalties. This amount is subject to the Court’s approval.
  • Class Representative Service Payment: In addition to her Settlement Share as a Class Member, Plaintiff will seek approval from the Court for a payment of $25,000 in consideration of her initiating and pursuing the Action, undertaking risks in the prosecution of the Action, and granting the general release she is granting as part of the Settlement. This payment, which will be paid in addition to her Settlement Share, will be made out of the Total Settlement Amount.
  • Class Counsel Fees and Expenses Payment: Class Counsel have represented and continue to represent the Class on a contingency-fee basis. That means that attorneys’ fees are paid only if money is recovered for the Class. It is common to award attorneys’ fees as a percentage of the settlement amount negotiated by the attorneys for the class. As part of the final approval hearing, Class Counsel will request up to $3,800,000, representing $3,600,000 for their attorneys’ fees (40% of the Total Settlement Amount) and $200,000 for their expenses incurred in connection with their work in this case. Target does not oppose this payment. This amount constitutes full and complete compensation for all legal fees, costs, and expenses of all Class Counsel, including costs and expenses resulting from experts and other vendors retained by Class Counsel in connection with the litigation and all work done through the completion of the litigation, whatever date that may be. Class Members will not be required to pay Class Counsel for any other attorneys’ fees, costs or expenses out of their own pockets if the Settlement Agreement and the attorneys’ fees and expenses payment is finally approved by the Court. Class Counsel’s attorneys’ fees and expenses as approved by the Court will be paid out of the Total Settlement Amount.
  • Costs of Administration: The reasonable costs of administering the Settlement, including the Settlement Administrator’s fees and expenses, not to exceed $250,000 will be paid out of the Total Settlement Amount.
Following the court-approved deductions from the Total Settlement Amount, the remaining Net Settlement Amount will be paid out entirely to all Class Members who do not timely and properly opt out of the Settlement.

How are individual Settlement Shares calculated?

Answer:

Out of the Total Settlement Amount, Target will pay to each Class Member who does not opt out of the Settlement a Settlement Share that is calculated as follows:

a. Each Class Member who was not employed by Target as a pharmacist will be credited with one (1) unit for each Non-Compliant Meal Period appearing in the Class Member’s time-punch records during the applicable Covered Period.
b. To account for their higher rate of pay compared to other Class Members, each Class Member who was employed by Target as a pharmacist will be credited with six (6) units for each Non-Compliant Meal Period appearing in the Class Member’s time-punch records during the applicable Covered Period.
c. To the extent that a Class Member’s claim based on a particular Non-Compliant Meal Period Class Member already has been released or adjudicated, that Non-Compliant Meal Period will be excluded from the calculation.
d. A Class Member’s Settlement Share will equal the Net Settlement Amount times the ratio of the Class Member’s unit(s) to all Class Members’ units.
e. If any Class Member’s Settlement Share is calculated to be less than $20, then each such Class Member will receive $20 as his or her Settlement Share, and the Net Settlement Amount will be reduced on account of such minimum payments. All other Class Members’ Settlement Shares will be calculated using the methodology set forth above, based on the reduced Net Settlement Amount, and using the ratio of their total number of Non-Compliant Meal Periods to the total number of Non-Compliant Meal Periods of the other Class Members not receiving the minimum $20 Settlement Shares.

An approximation of your Settlement Share based on these assumptions appears on your Class Member Settlement Information Sheet accompanying the Notice. Your actual Settlement Share may be more or less once awarded. The Settlement Shares and other amounts awarded by the Court will be paid after final court approval of the Settlement, entry of the final judgment, and the exhaustion of all rights to appeal or review, or after any appeal or review has been resolved in favor of the Settlement.

How do I participate in the Settlement?

Answer:

Plaintiff as Class Representative and Class Counsel represent your interests as a Class Member. Unless you opt out of the Settlement, you are a part of the Class, you will be bound by the terms of the Settlement and any final judgment that may be entered by the Court, and you will be deemed to have released the claims against Target and the other released parties. As a member of the Class, you will not be responsible for the payment of attorneys’ fees or reimbursement of litigation expenses unless you retain your own counsel, in which event you will be responsible for your own attorneys’ fees and expenses.

How do I exclude myself from the Settlement?

Answer:

If you do not wish to participate in the Settlement, you must mail to the Settlement Administrator a signed paper setting forth your name and address and the last four digits of your Social Security number, and stating, “I wish to opt out of the Settlement,” postmarked no later than 45 days after May 30, 2017. A Class Member who fails to opt out according to the above outlined procedures and by the deadline specified above will be bound by all terms and conditions of the Settlement and will receive a Settlement Share if the Settlement is approved by the Court, and the Judgment, regardless of whether he or she has objected to the Settlement.

Any person who timely and properly opts out of the Settlement will no longer be a member of the Settlement Class and will not be eligible to receive a Settlement Share, and he or she will not be included in calculating the Settlement Share of any other Class Member. Any such person will retain the right, if any, to pursue at his or her own expense a claim against Target. An incomplete or unsigned opt-out paper will be deemed invalid.

Consistent with Target policies, there will be no retaliation or adverse action taken against any Class Member who participates in the Settlement or opts out of the Settlement.

How do I object to the Settlement?

Answer:

Any written objection must state your full name, address, date of birth, and the dates of your employment at Target. Written objections to the Settlement must be mailed by not later than July 14, 2017; written objections to the requests for the Class Representative Service Payment and the Class Counsel Fees and Expenses Payment must be mailed by not later than July 14, 2017.

If you submit a timely written objection, you may also appear or appear through counsel of your choice, paid at your own expense, and be heard at the time of the final approval hearing, if you wish to do so, but only if you indicate in your objection that you intend to appear.
If the Court overrules your objection and you did not properly submit a timely opt-out statement, you will be bound by the terms of the Settlement and receive a Settlement Share.

What will happen if I do nothing?

Answer:

If you do nothing and the Court approves the Settlement, you will be bound by the terms of the Settlement, and you will receive any money due to you under the Settlement.

How do I dispute the information on the Class Member Settlement Information Sheet?

Answer:

The Class Member Settlement Information Sheet provides the information on which your Settlement Share will be calculated and an estimate of your Settlement Share if all Class Members are participating and all payment amounts are awarded; your actual Settlement Share may be more or less. If the information in the Class Member Settlement Information Sheet (including your mailing address) is correct, you need not return the form. If the information contained in the Class Member Settlement Information Sheet is not correct, correct the information on the sheet and return it to the Settlement Administrator. If you believe information is incorrect, state on the Class Member Settlement Information sheet what you contend is the correct information and (other than with respect to your name, your address, and the last four digits of your Social Security number), include any documentation you have to support that contention. The Class Member Settlement Information Sheet must be completed, signed by you, and returned to the SettlementAdministrator postmarked by not later than July 14, 2017. It is your obligation to keep the Settlement Administrator informed of any changes in your mailing address until your Settlement Share is received, should final approval of the Settlement be granted. Failing to provide the Settlement Administrator with any change of your mailing address may prevent you from receiving your Settlement Share.

What should I do if my address has changed?

Answer:

If your mailing address has changed from what is printed on your Class Member Settlement Information Sheet, you should correct it and return the sheet to the Settlement Administrator. You may also contact the Settlement Administrator toll free at (855) 793-1363, to inform them of an address change. It is your obligation to keep the Settlement Administrator informed of any changes in your mailing address until your Settlement Share is received, should final approval of the Settlement be granted. 

When is the Final Settlement Approval Hearing?

Answer:

The Court will hold a final approval hearing on August 30, 2017, at 8:30 a.m., at the Stanley Mosk Courthouse, 111 North Hill Street, 4th Floor (Department 36), Los Angeles, California, to determine whether the Settlement should be finally approved as fair, reasonable, and adequate. The Court will also be asked to approve the requests for the Class Representative Service Payment and the Class Counsel Fees and Expenses Payment.

The hearing may be postponed without further notice to the Class. It is not necessary for you to appear at this hearing. If you have submitted an objection and indicated that you intend to appear in the manner set forth above, you may appear at the hearing and be heard.

Disclaimer

Settlement Administrator
Thompson v. Target Corp. Settlement Administrator
c/o Rust Consulting, Inc. - 5691
PO Box 2600
Faribault, MN 55021-9600
Toll Free: (855) 793-1363

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