The Superior Court of the State of California, County of Alameda authorized this Notice. Read it carefully!
El Aviso en formato largo en español se encuentra en la pestaña Avisos de este sitio web.
The class action lawsuit (“Action”) was filed by former employee Kwane Gatlin (“Plaintiff”) and seeks recovery for penalties and reimbursement for all current and former employees of Defendants or Anheuser-Busch Wholesaler Development Corp. in the State of California who held the position(s) of sales representatives, salesmen, and/or any other job title with similar duties, working at/from wholesale/distribution offices owned, operated, and controlled by Defendants and/or Anheuser-Busch Wholesaler Development Corp. during the Class Period, and who receive a salary with no overtime compensation. The “Class Period” is from April 18, 2015 through January 31, 2023. Plaintiff seeks penalties under the California Private Attorney General Act (“PAGA”) for all current and former employees of Defendants or Anheuser-Busch Wholesaler Development Corp. in the State of California who held the position(s) of sales representatives, salesmen, and/or any other job title with similar duties, working at/from wholesale/distribution offices owned, operated, and controlled by Defendants and/or Anheuser-Busch Wholesaler Development Corp. during the PAGA Period, and who receive a salary with no overtime compensation (Aggrieved Employees”). The “PAGA Period” is from November 3, 2017 through January 31, 2023.
The proposed Settlement has two main parts: (1) a Class Settlement requiring Defendants to fund Individual Class Payments, and (2) a PAGA Settlement requiring Defendants to fund Individual PAGA Payments and pay penalties to the California Labor and Workforce Development Agency (“LWDA”).
The Court has already preliminarily approved the proposed Settlement and approved this Notice. The Court has not yet decided whether to grant final approval. Your legal rights are affected whether you act or not act. Read this Notice carefully. You will be deemed to have carefully read and understood it. At the Final Approval Hearing, the Court will decide whether to finally approve the Settlement and how much of the Settlement will be paid to Plaintiff and Plaintiff’s attorneys (“Class Counsel”). The Court will also decide whether to enter a judgment that requires Defendants to make payments under the Settlement and requires Class Members and Aggrieved Employees to give up their rights to assert certain claims against Defendants and Released Parties.
If you worked for Defendants or and Anheuser-Busch Wholesaler Development Corp. during the Class Period and/or the PAGA Period, you have two basic options under the Settlement:
Do Nothing. You do not have to do anything to participate in the proposed Settlement and be eligible for an Individual Class Payment and/or an Individual PAGA Payment. As a Participating Class Member, though, you will give up your right to assert Class Period claims and PAGA Period penalty claims against Defendants and Released Parties.
Opt-Out of the Class Settlement. You can exclude yourself from the Class Settlement (opt-out) by submitting the written Request for Exclusion or otherwise notifying the Administrator in writing. If you opt-out of the Settlement, you will not receive an Individual Class Payment. You will, however, preserve your right to personally pursue Class Period claims against Defendants and Released Parties, and, if you are an Aggrieved Employee, remain eligible for an Individual PAGA Payment. You cannot opt-out of the PAGA portion of the proposed Settlement.
Defendants will not retaliate against you for any actions you take with respect to the proposed Settlement.
| SUMMARY OF YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT | |
| You Do Not Have to Do Anything to Participate in the Settlement | If you do nothing, you will be a Participating Class Member, eligible for an Individual Class Payment and an Individual PAGA Payment (if any). In exchange, you will give up your right to assert the claims against Defendants and Released Parties that are covered by this Settlement (Released Claims). |
| You Can Opt-out of the Class Settlement but not the PAGA Settlement The Opt-out Deadline is 12/02/2023 | If you do not want to fully participate in the proposed Settlement, you can opt-out of the Class Settlement by sending the Administrator a written Request for Exclusion. Once excluded, you will be a Non-Participating Class Member and no longer eligible for an Individual Class Payment. Non-Participating Class Members cannot object to any portion of the proposed Settlement. See Section 6 of this Notice. You cannot opt-out of the PAGA portion of the proposed Settlement. Defendants must pay Individual PAGA Payments to all Aggrieved Employees. |
| Participating Class Members Can Object to the Class Settlement but not the PAGA Settlement Written Objections Must be Submitted by 12/02/2023 | All Class Members who do not opt-out (“Participating Class Members”) can object to any aspect of the proposed Settlement. The Court’s decision whether to finally approve the Settlement will include a determination of how much will be paid to Class Counsel and Plaintiff who pursued the Action on behalf of the Class. You are not personally responsible for any payments to Class Counsel or Plaintiff. See Section 7 of this Notice. |
| You Can Participate in the Final Approval Hearing | The Court’s Final Approval Hearing is scheduled to take place on 01/05/2024. You do not have to attend but you do have the right to appear (or hire an attorney to appear on your behalf at your own cost), in person, by telephone or by using the Court’s virtual appearance platform. Participating Class Members can verbally object to the Settlement at the Final Approval Hearing. See Section 8 of this Notice. |
| You Can Challenge the Calculation of Your Workweeks Written Challenges Must be Submitted by 12/02/2023 | The amount of your Individual Class Payment and PAGA Payment (if any) depends on how many workweeks you worked at least one day during the Class Period and how many Pay Periods you worked at least one day during the PAGA Period, respectively. The number of Class Period Workweeks and number of PAGA Period Workweeks you worked according to Defendants’ records is stated on the first page of this Notice. If you disagree with either of these numbers, you may challenge it by 12/02/2023. See Section 4 of this Notice. |
These rights and options – and the deadlines to exercise them – are explained in the Notice [Long Form Notice in English] [LAviso en Forma Larga en español].
The Court in charge of this case still must decide whether to grant final approval of the settlement. Payments will only be made after the Court grants final approval of the settlement and after any appeals are resolved in favor of the settlement.