If You Work Or Worked For Wal-Mart Stores Or Sam’s Clubs
In The State of Iowa From June 5, 1999 To May 9, 2009, You
Could Get A Payment From The Class Action Settlement.
A settlement has been proposed in a class action lawsuit about working conditions at Wal-Mart Stores, Inc. in Iowa (including Sam’s Club and Wal-Mart Discount Stores, Supercenters and Distribution Centers). The settlement will provide up to $11 million to pay claims from Wal-Mart or Sam’s Club hourly employees from June 5, 1999 to May 9, 2009. If you worked at Wal-Mart during this time period, you may send in a claim form to get benefi ts, or you can exclude yourself from the settlement or object to it.
The Iowa District Court in and for Clinton County directed that this case proceed as a class action and authorized this notice. Before any money is paid, the Court will have a hearing to decide whether to approve the settlement. The title of the case is: Mussmann, et al. v. Wal-Mart Stores, Inc., Case No. LA-27486.
Who’s Included?
You are a Class member and could get a payment if you worked at a Wal-Mart or Sam’s Club in Iowa from June 5, 1999 to May 9, 2009. If you are not sure you are included, you can get more information, including a detailed notice by clicking HERE or by calling toll free 1-866-214-7144.What’s This About?
Plaintiffs claim that Wal-Mart had a contract with its employees that required it to pay its employees for all missed and shorted rest breaks and meal periods and that Wal-Mart violated its own policies and state law by failing to pay its employees for all time they worked. Plaintiffs seek monetary damages based on their claims. Wal-Mart has denied and continues to deny the Plaintiffs’ claims. No final ruling has been made on these claims. But both sides agreed to the settlement to resolve the case and get the payments to class members. The two sides disagree how much money could have been won if the case had gone to trial.
What Does The Settlement Provide?
Wal-Mart agreed to pay up to $11 million to compensate class members and has agreed to injunctive relief. A Settlement Agreement, available at the website above, describes all of the details about the proposed settlement. The payment to you will depend upon the length of time that you worked at Wal-Mart or Sam’s Club, and whether you fi le a short form or long form claim form. A full explanation of the settlement along with copies of the claim forms is available at the website above. Even if you do not fi le a claim form, you may be eligible for a payment from the Settlement Amount. The size of your payment will depend upon the number of class members who file claims. The number of claims filed varies from case to case. Wal-Mart and its managers cannot retaliate against you or coach you for filing a claim. Your co-workers at Wal-Mart will not know if you file a claim.
What Are Your Other Options?
If you don’t want to be legally bound by the Settlement, you must exclude yourself by September 21, 2009 or you won’t be able to sue Wal-Mart about the legal claims in this case. If you exclude yourself, you can’t get money from this settlement. If you stay in the settlement, you may object to it by September 21, 2009. The detailed notice explains how to exclude yourself or object.
The Court will hold a hearing in this case (Mussmann, et al. v. Wal-Mart Stores, Inc., Case No. LA-27486) on October 13, 2009 at 9:00 a.m. at the Courthouse, 612 N. 2nd St., Clinton, Iowa. At the hearing, the Court will consider whether to approve the settlement and a request by the lawyers representing all Class Members (Gunderson, Sharp & Walke, LLP, 321 East Walnut, Suite 300, Des Moines, IA 50315, Cartee & Clausen Law Firm, 125 Kirkwood Boulevard, Davenport, IA 52803, Abbey Spanier Rodd & Abrams, LLP, 212 East 39th Street, New York, New York 10016; Bader & Associates, LLC, 1873 South Bellaire Street, Suite 1110, Denver, Colorado 80222; and Franklin D. Azar & Associates, P.C., 14426 East Evans Avenue, Aurora, Colorado 80014) for attorneys’ fees up to 33% of the Settlement and reimbursement of expenses for investigating the facts, litigating the case and negotiating the settlement. You may ask to appear at the hearing, but you don’t have to appear.
How To Get More Information
Any additional information about the Lawsuit is available in the Important Documents section of this site. Any questions you may have concerning the matters contained in this Notice should be directed to 1-866-214-7144, or by filling out the Contact Us form on the left.
DO NOT CALL THE COURT OR THE DEFENDANTS.
This Notice does not fully describe all of the claims of the parties. The pleadings and other records in this litigation may be examined during regular office hours at the Office of the Clerk, Iowa District Court, Clinton County, 612 N. 2nd Street, Clinton, Iowa 52732
