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OVERVIEW OF THE SETTLEMENT

TO: CERTAIN PERSONS WHO HAVE WORKED FOR PRET A MANGER (USA) LIMITED (“PRET”) IN NEW YORK AS NON-EXEMPT (HOURLY) EMPLOYEES

YOU ARE A CLASS MEMBER IF YOU MEET ALL OF THE FOLLOWING CRITERIA:

You were employed by Pret as a team member, team member star, barista, team member trainer, kitchen team leader, shop team leader, team leader, or any other non-exempt non-management store position in New York at any time from August 9, 2006 until March 28, 2014.

If you received the Notice of Proposed Settlement of Class Action Lawsuit and Fairness Hearing, based on Pret’s records, you may be a Class Member who is entitled to participate in the proposed $910,000 settlement of the case captioned Manuel Trinidad et al. v. Pret A Manger (USA) Limited et al. (the “Lawsuit”). It contains important information about your rights concerning the class action settlement described below.

Plaintiff in this lawsuit was employed by Pret as a non-exempt (hourly) team member. He alleges that Defendants in the case violated the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”) by failing to pay non-exempt (hourly) employees for all the hours they worked, including applicable overtime pay for hours over forty in a workweek, by improperly pooling tips, by failing to provide accurate wage statements and wage notices, and by failing to provide spread of hours, certain uniform-related costs, and call-in pay, among other claims. Plaintiff, for himself and others he claims are similarly situated, sought to recover unpaid wages and other back pay, liquidated damages and penalties, injunctive relief and attorneys’ fees and costs. A number of other current or former non-exempt (hourly) employees (the “Opt-In Plaintiffs”) have opted to join Plaintiff in this litigation.

Defendants have denied and continue to deny any wrongdoing and deny any and all liability and damages with respect to the alleged facts or causes of action asserted in the Lawsuit. To avoid the burden, expense, inconvenience, and uncertainty of continued litigation, however, Defendants have concluded that it is in their best interests to resolve and settle the Lawsuit by entering into a settlement agreement (the “Settlement”).

The Lawsuit is presently before Judge Paul A. Engelmayer, United States District Judge for the United States District Court for the Southern District of New York. Judge Engelmayer has not made any decisions on the merits of the case. On March 28, 2014., Judge Engelmayer conditionally certified this matter as a class action and granted preliminary approval of the Settlement, subject to a fairness hearing which will take place on September 5, 2014 at 11:00 a.m..

WHAT DOES THE SETTLEMENT PROVIDE?

Plaintiff and Defendants have agreed to the Settlement summarized below. The complete terms and conditions of the proposed Settlement are on file with the Clerk. The settlement agreement will not become effective unless and until it receives final court approval, and any appeals are exhausted.

(a) What are the benefits of the settlement

Class Members who do not opt out, will be eligible to receive a specified share of the $910,000 settlement fund, less certain deductions described below, based on a formula approved by the Court.

The following adjustments will be made to the $910,000 amount prior to distribution of the settlement funds to Class Members:

    • Settlement Administration Fees: A reserve will be set aside for reasonable costs associated with administering the Settlement (estimated to be $35,000). The reserve will be used to pay a claims administration company for mailings, processing claims, providing information and assistance to Class Members, and preparing information reported to the Court.
    • Attorneys’ Fees and Costs: Class Counsel will seek, and Defendants will not oppose, an award covering fees not to exceed 33% of the $910,000 settlement fund described above, plus reasonable costs and out-of-pocket expenses. All fee awards, costs and expenses paid to Class Counsel will be paid from the settlement fund. Class Counsel have expended considerable time and effort in the prosecution of this litigation on a contingent basis, and they have advanced the expenses of this litigation in the expectation that if they were successful in obtaining a recovery in the matter, they would be paid from that recovery. In this type of litigation, it is customary for counsel to be awarded a percentage of the recovery to cover attorneys’ fees, costs, and expenses.
    • Service Payments: If the Court approves such payments, certain individuals will receive payments because they provided service to the Class by helping Class Counsel to formulate claims. Specifically, Plaintiff will seek $7,500 each on behalf of himself and each Opt-In Plaintiff who has provided testimony in this case. The payments outlined in this paragraph are separate from and in addition to the share of the settlement fund that Plaintiff and the Opt-In Plaintiffs receiving service payments may otherwise be eligible to receive.

Each Class Member will receive a share of the Net Settlement Amount (that is, the settlement funds that remain after deductions are made for claims administration costs, service payments, and attorneys’ fees and expenses).

(i) Alternate Payments to Class Members Who Worked for Pret for One Week or Less

There is a small percentage of Class Members who were employed by Pret for only one week or less. If you are one of these individuals, your share of the Net Settlement Amount will be $5.

(ii) Individual Distributions For Other Class Members

The share to be allocated to each Class Member other than those described in the preceding section will be based upon the number of weeks that you were employed by Pret as an non-exempt (hourly) employee during the relevant time period. Specifically, your share will be calculated as follows:

First, an “Individual Numerator” will be calculated for you. The Individual Numerator shall equal the number of weeks that you worked for Pret as a non-exempt (hourly) employee between August 9, 2006 and March 28, 2014.

Second, a “Total Denominator” will be calculated. The Total Denominator will equal the Individual Numerator of each Class Member added together.

Third, your “Share Percentage” will be calculated. Your Share Percentage equals your Individual Numerator divided by the Total Denominator.

Fourth, your share of the Net Settlement Fund will be determined. Your share equals your Share Percentage times the amount of the Net Settlement Amount less the sum of the Alternate Payments described above.

By signing or negotiating your settlement check, you affirm your agreement with the following statement:

“By signing, endorsing, depositing, cashing or negotiating this check, I hereby opt into the collective action under Case No. 12-cv-6094 (S.D.N.Y.) pursuant to Section 16(b) of the Fair Labor Standards Act, 29 U.S.C. § 216(b), and give my consent to become a party. I further understand and agree to the release of claims set forth in Section 6.b of the Notice I was provided.”

You should keep in mind that even if you don’t sign, negotiate, endorse, deposit or cash your settlement check, you will still be bound by the release described in Section 6(b) of this notice if you do not opt out.

CLASS MEMBER OPTIONS

DO NOTHING – If you wish to receive a distribution from the settlement fund, you do not need to take any action. If the Court provides final approval, you will receive a settlement check as long as you do not opt out.
OPT OUT OF THE SETTLEMENT – You have the right to exclude yourself, and yourself only, from this Lawsuit and Settlement. If you choose to exclude yourself, you will not be barred from seeking relief with respect to any legal claims and will be free to pursue an individual claim, if any, against Defendant, but you will not be eligible to receive the benefits of this Settlement.If you intend to exclude yourself, you must complete the enclosed Opt-Out Statement and mail it to the Claims Administrator at the address below. The Opt-Out Statement must be mailed to the Claims Administrator via First Class United States Mail, postage prepaid, and postmarked no later than June 9, 2014.
OBJECT TO THE SETTLEMENT – If you want to present objections at the Fairness Hearing, you must submit a written statement of the objection(s) to the Claims Administrator at the address below. Your objection will not be heard unless it is mailed to the Claims Administrator via First Class United States Mail, postage prepaid. To be effective any objections must be postmarked no later than June 9, 2014 and received by the Claims Administrator no later than June 16, 2014. You do not need to be represented by counsel to object. If you wish to present your objection at the fairness hearing, you must state your intention to do so in your written objection. You may hire a lawyer to assist you with your objection or to represent you at the Fairness Hearing.
UPDATE YOUR CONTACT INFORMATION Click HERE to submit updated contact information

 

IMPORTANT DATES

Preliminary approval March 28, 2014
Deadline for filing exclusion requests Postmarked no later than June 9, 2014
Final Fairness Hearing September 5, 2014
Estimated date for issuing settlement awards September 4, 2014

 

PARTICIPATING IN CLASS AND SETTLEMENT

 

If you wish to receive a distribution from the settlement fund, you do not need to take any action. If the Court provides final approval, you will receive a settlement check as long as you do not opt out.

By signing or negotiating your settlement check, you affirm your agreement with the following statement:

“By signing, endorsing, depositing, cashing or negotiating this check, I hereby opt into the collective action under Case No. 12-cv-6094 (S.D.N.Y.) pursuant to Section 16(b) of the Fair Labor Standards Act, 29 U.S.C. § 216(b), and give my consent to become a party. I further understand and agree to the release of claims set forth in Section 6.b of the Notice I was provided.”

You should keep in mind that even if you don’t sign, negotiate, endorse, deposit or cash your settlement check, you will still be bound by the release described in Section 6(b) of this notice if you do not opt out.

ATTORNEYS’ FEES

Class Counsel will seek, and Defendants will not oppose, an award covering fees not to exceed 33% of the $910,000 settlement fund described above, plus reasonable costs and out-of-pocket expenses. All fee awards, costs and expenses paid to Class Counsel will be paid from the settlement fund. Class Counsel have expended considerable time and effort in the prosecution of this litigation on a contingent basis, and they have advanced the expenses of this litigation in the expectation that if they were successful in obtaining a recovery in the matter, they would be paid from that recovery. In this type of litigation, it is customary for counsel to be awarded a percentage of the recovery to cover attorneys’ fees, costs, and expenses.

OPTING OUT OF CLASS AND SETTLEMENT

You have the right to exclude yourself, and yourself only, from this Lawsuit and Settlement. If you choose to exclude yourself, you will not be barred from seeking relief with respect to any legal claims and will be free to pursue an individual claim, if any, against Defendant, but you will not be eligible to receive the benefits of this Settlement.

If you intend to exclude yourself, you must complete the enclosed Opt-Out Statement and mail it to the Claims Administrator at the address below. The Opt-Out Statement must be mailed to the Claims Administrator via First Class United States Mail, postage prepaid, and POSTMARKED NO LATER THAN JUNE 9, 2014.

Trinidad v. PRET A MANGER (USA) LIMITED
c/o American Legal Claim Services, LLC
PO BOX 23650
Jacksonville, FL 32241

FINAL FAIRNESS HEARING

The Court has granted preliminary approval of the proposed Settlement, concluding preliminarily that the Settlement is fair, adequate, and reasonable and that the proposed distribution of the Settlement amount is fair, adequate, and reasonable.

A hearing will be held to determine whether final approval of the Settlement will be granted, and also to determine the amount of attorneys’ fees, costs and service payments to be awarded. At the hearing, the Court will hear objections, if any, and arguments concerning the fairness of the proposed Settlement, the request for reasonable attorneys’ fees and costs and the request for service payments. The hearing will take place before Judge Engelmayer on September 5, 2014 at 11:00 a.m., or as soon thereafter as practicable, at the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY 10007. The time and date of this hearing may be continued or adjourned, so please contact Class Counsel prior to the date of the hearing if you plan to attend.

YOU ARE NOT OBLIGATED TO ATTEND THIS HEARING. YOU MAY ATTEND THE HEARING IF YOU PLAN TO OBJECT TO THE SETTLEMENT. YOU MAY ALSO RETAIN YOUR OWN ATTORNEY TO REPRESENT YOU IN YOUR OBJECTIONS. IF YOU WISH TO OBJECT TO THE SETTLEMENT, YOU MUST SUBMIT A WRITTEN OBJECTION AS DESCRIBED IN THE FOLLOWING SECTION. IF YOU WISH TO APPEAR AT THE HEARING TO DISCUSS YOUR OBJECTION YOU MUST STATE IN YOUR OBJECTION YOUR INTENTION TO APPEAR AT THE FAIRNESS HEARING.

OBJECTING TO THE SETTLEMENT

If you want to present objections at the Fairness Hearing, you must submit a written statement of the objection(s) to the Claims Administrator at the address below. Your objection will not be heard unless it is mailed to the Claims Administrator via First Class United States Mail, postage prepaid. To be effective any objections must be postmarked no later than June 9, 2014 and received by the Claims Administrator no later than June 16, 2014. You do not need to be represented by counsel to object. If you wish to present your objection at the fairness hearing, you must state your intention to do so in your written objection. You may hire a lawyer to assist you with your objection or to represent you at the Fairness Hearing.

Trinidad v. PRET A MANGER (USA) LIMITED
c/o American Legal Claim Services, LLC
PO BOX 23650
Jacksonville, FL 32241

ADDITIONAL INFORMATION

If you have questions about this Notice, or want additional information, you can:

1. Review the Important Documents or Frequently Asked Questions pages on this website.

2. Contact the Class Action Hotline at 1-800-937-5703.

3. Email the case team at [email protected]

4. You can examine the Court Records.

The foregoing description of the case is general and does not cover all of the issues and proceedings thus far. In order to see the complete file, including a copy of the settlement agreement, you should visit the Clerk of Court, United States Courthouse, 40 Foley Square, New York, NY 10007. The Clerk will make all files relating to this lawsuit available to you for inspection and copying at your own expense. You may enter an appearance in this case through an attorney if you so desire.

5. You can contact Class Counsel at (212) 465-1180.

 

For further details regarding Class member options, please review the Important Documents posted on this website.

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