United States District Court for the Western District of Tennessee
You may have received a Notice because you joined this case by submitting a signed Consent to opt-in during the prior notice process, and a Settlement affects your rights.
If you did not file a Consent to opt-in to this lawsuit during the prior notice process, but worked at P.L. Marketing as a Kentucky-based or Ohio-based salaried Set/Reset Team Member (“STMs”), you may have received a Notice because you may still be eligible to receive a payment from a settlement.
As part of the overall $1,575,000 gross settlement for the claims of the federal Fair Labor Standards Act (“FLSA”) collective action members who joined the case, and the Kentucky and Ohio class actions for those individuals who worked as salary-paid Set Team Members or Reset Team Members (“STMs”), the settlement provides you the opportunity to be paid pursuant to the procedures defined in the Notice.
Your legal rights are affected whether you act or don’t act. Read this notice carefully.
| YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT | |
| Receive a payment |
According to PLM’s records, you may have an opportunity to receive a settlement payment. If you do not
exclude yourself and the settlement receives final approval, you will be issued a portion of the
settlement (minus applicable taxes and withholdings). For Class Members who did not previously file a Consent to opt-in, to receive your full settlement payment under the settlement, you will be required to agree to the FLSA Release and opt-in by accepting and endorsing the FLSA Payment check. Regardless of whether you endorse the FLSA Payment check, you will still receive one-half of your full offered amount under the settlement as payment for your Kentucky or Ohio state law overtime claims released by this settlement. |
| Forfeit the offered FLSA Payment (Only applicable for Class Members who did not previously file a Consent to opt-in) | You may forfeit your offered FLSA Payment (one-half of your estimated payment amount) by not cashing, depositing, or otherwise endorsing your FLSA Payment check before the check void date. If you do so, you forfeit your offered FLSA Payment which was contingent upon releasing FLSA claims against PLM. |
| Exclude yourself | You may exclude yourself or “opt out” if you do not wish to participate in the settlement altogether. If you choose this option, you get no payment and will not release any claims against PLM. |
| Comment (including Object) | Write to tell the Court what you think about the settlement. |
| Go to the hearing | If you would like, you may ask to speak in Court about the fairness of the settlement. You do not need to do this to receive a payment. |
These rights and options – and the deadlines to exercise them – are explained in notices found here.
The Court in charge of this case has only preliminarily approved the settlement, and still has to decide whether to grant final approval of the settlement. Payments will be made if the Court approves the settlement and after appeals, if any, are resolved. Please be patient.
This is not a lawsuit against you. Your participation in this lawsuit and acceptance of money from the settlement will not affect your employment status in any way.