Documents and Information
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As of March 6, 2013, checks were mailed to all eligible class members from the Administrator’s office located in Tallahassee, Florida.
Pursuant to the Settlement Agreement, the Claims Administrator will distribute to each Settlement Class Participant a Base Award based on her tenure (excluding periods as a Store Manager in a “Market Store”) (“Qualified Tenure’) during the class period (Feb 8, 2006 to April 1, 2012) as a proportion of the total Qualified Tenure of all Settlement Class Participants during the Class Period. Qualified Tenure will be calculated in increments of no less than one month (30 days), except for those who opted into the suit pursuant to the EPA, whose Qualified Tenure will be calculated based on length of service as a Store Manager from 2003 forward (and then again calculated as a proportion of the total Qualified Tenure of all Settlement Class Participants). This process will establish the pro rated share for all with at least one month’s (30 days) worth of Qualified Service to be applied against the funds designated for Base Awards by the Claims Administrator. The Base Award constitutes alleged back-pay and the Claims Administrator will adjust each award to withhold for applicable employee taxes and necessary government withholdings from the Base Award. (See Document 443 Pg 39 – 40).
For Non-Wage Damages Awards to Settlement Class Participants (Claims Form Award), the Claims Administrator will determine an appropriate allocation of non-wage damages among those Settlement Class Participants who are determined by the Claims Administrator to be eligible to receive a Non-Wage Damages Award. As to each Settlement Class Participant, each Non-Wage Damage Award shall be based on the information contained in the particular Settlement Class Participant’s claims form regarding alleged comparables, other types of claimed harm and verification of same, and Qualified Tenure during the Class Period. Qualified Tenure will be calculated in increments of no less than one month (30 days) except for those who opted into the suit pursuant to the EPA, whose Qualified Tenure will be based on length of service from 2003 forward. Non-Wage Damages Awards shall be subject to a cap of three (3) times the agreed-upon differential for each of the following two groups. For those promoted to the Store Manager position, the agreed-upon calendar year annual differential for settlement purposes is $710.00. For those hired into the Store Manager position, the agreed-upon calendar year annual differential for settlement purposes is $1,519.00. For Settlement Class Participants who worked less than a full year, the differential will be adjusted by dividing the number of months worked by 12 months, e.g., 6/12ths for a Settlement Class Participant who worked 6 months. These Non-Wage Damages Awards represent non-wage damages which are not subject to tax or government mandated withholding (meaning you will have to pay taxes on the amount you receive at the end of the year). The Non-Wage Damages Award shall be established prior to the setting of the Base Award funds for allocation per the methods set in Para. VIII A.1 (See Document 443 Pg 40-41).
If you have not received a check and feel that you should have, you will need to contact the Administrator’s office at 877-236-6515. If you received a check but have questions about your check (how it was calculated, certain withholdings, etc.), you will also need to contact the Administrator’s office at 877-236-6515. The Administrator’s office should be able to answer any and all questions you have regarding checks, as they are the office that prepared the data, processed it, cut and distributed the checks.
NOTICE OF CLASS ACTION, PROPOSED SETTLEMENT AGREEMENT, AND SETTLEMENT HEARING