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READY TO HELP
Speak with an experienced SGB person today at 1.800.809.2234 or contact us to discuss your case.
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WHAT IS THE CASE ABOUT?
This is a class action, filed in the Superior Court for Spokane County, on behalf of all hourly employees (servers, hosts/hostesses, bartenders, and “back-of-the-house” employees) of Olive Garden restaurants in Washington State for the period of August 19, 2000 through March 31, 2007. The lawsuit alleged that the employees were not provided rest breaks as required by state law.
HAS THE CASE BEEN SETTLED?
Yes. The parties reached a settlement in June, 2007, and the settlement has been preliminarily approved by the Court. The Court will consider final approval at a hearing scheduled for November 15, 2007. The agreement cannot be implemented unless and until it receives final approval by the Court. A copy of the full agreement may be found here.
WHAT BENEFITS DOES THE SETTLEMENT PROVIDE?
The settlement provides for a total of $928,000 for back pay, attorneys fees and costs, expense of administration, required taxes, and enhancement awards for class representatives. Only class members who choose to participate in the settlement will receive back pay settlement awards.
HOW MUCH MONEY WILL I RECEIVE?
It depends on a number of factors, including how long you were employed and the number of class members who choose to participate in the settlement. Under the settlement agreement, each Eligible Class Member will receive his or her pro rata share of the Net Settlement Amount ($928,000 less attorneys fees and costs, required taxes, expense of administration, and enhancement awards to class representatives) based on the number of weeks he or she was employed during the class period. This calculation will not occur until after the settlement has been finally approved (which we expect to occur in November, 2007) and after we learn who has chosen to participate in the settlement.
WHEN WILL BACK PAY SETTLEMENT AWARDS BE SENT TO PARTICIPATING CLASS MEMBERS?
We do not know at this time, but estimate that checks will be mailed out in by mid-2008.
WHAT IS THE AMOUNT OF ATTORNEYS FEES AND THE ENHANCEMENT AWARDS FOR THE CLASS REPRESENTATIVES?
Under the settlement, the attorneys have the right to seek up to 30% of the total settlement amount in fees and costs. This request will be submitted to the Court at its November 15, 2007 hearing. Each of the three class representatives will receive $5,000 for their effort in pursuing this litigation, in addition to whatever back pay they are owed under the calculation described in the previous answer.
WHAT DO I HAVE TO DO?
A Notice of Class Action Settlement was mailed to you on August 31, 2007. A copy of the Notice and exhibits may be found here. It advises you that in order to participate in the case and the settlement, you have to complete and mail back to the Settlement Administrator the Claim Form, attached as Exhibit A. Alternatively, the Notice advises you that you have the right to exclude yourself from the case by completing and mailing back the enclosed Exclusion Form, attached as Exhibit B. Do not send back both forms; if you do, you will be treated as wishing not to participate in the case and you will not receive a back pay settlement award.
If you do not exclude yourself from the case, you have the right to file an objection to any portion of the settlement agreement. To do so, you have to mail your objection in writing to the Settlement Administrator.
If you do nothing, you will not receive a back pay settlement award, but will be treated as being part of the case and subject to the release of claims (related to missed rest breaks) against Olive Garden.
WHO IS HANDLING THE ADMINISTRATION OF THE SETTLEMENT?
Settlement Services, Inc. (“SSI”), located at P.O. Box 1816, Tallahassee, Florida 32302-1816 is the settlement administrator. Any questions about settlement administration should be directed to SSI at 1-866-854-5143.
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Home Contact Site Map 1.800.809.2234
Schroeter Goldmark & Bender Seattle, Washington Personal Injury and Criminal Defense Attorneys
©2008 Schroeter Goldmark & Bender
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