A court authorized this notice. This is not a solicitation from a lawyer.

Transcription

1 IMPORTANT NOTICE OF A RED BULL CLASS ACTION SETTLEMENT AND YOUR RIGHT TO PAYMENT ( CLASS NOTICE ) SUPERIOR COURT OF THE STATE CALIFORNIA FOR THE COUNTY OF LOS ANGELES CENTRAL DISTRICT MICHELLE ROACH ( PLAINTIFF ), INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED V. RED BULL DISTRIBUTION COMPANY, INC. (THE COMPANY ) LOS ANGELES SUPERIOR COURT CASE NO. BC (THE ACTION ) A court authorized this notice. This is not a solicitation from a lawyer. ATTENTION: EMPLOYMENT RECORDS SHOW THAT YOU ARE OR WERE EMPLOYED IN CALIFORNIA BY THE COMPANY BETWEEN FEBRUARY 19, 2012 AND DECEMBER 1, 2017 (THE CLASS PERIOD ), AND ARE A MEMBER OF THE BELOW-DESCRIBED SETTLEMENT CLASS. A settlement, memorialized in a Joint Stipulation of Settlement (the Settlement ) has been reached between plaintiff MICHELLE ROACH ( Plaintiff or Class Representative ) and RED BULL DISTRIBUTION COMPANY, INC. (the Company ) in the Action. The Action claims that the Company allegedly violated California s wage and hour laws in a variety of ways. The Company denies any and all wrongdoing or liability associated with those claims. The Settlement Class consists of all persons employed by the Company in any California-based non-exempt (i.e., hourly pay) job position at any time during the Class Period. If you are a member of the Settlement Class, then you are a Settlement Class Member and your legal rights are affected whether you act or don t act. The Settlement provides for cash payments to the Settlement Class as explained in this notice. The acceptance of a cash payment hereunder by any Settlement Class Member will also operate as an opt in under the Fair Labor Standards Act ( FLSA ) and as a release of any claims under the FLSA. The Settlement is being administered by the Claims Administrator, which is DAHL ADMINISTRATION LLC. If you wish to know the estimated amount of your payment under the Settlement, please refer to the Summary Class Notice postcard previously mailed to you, or you may contact the Claims Administrator for that information. Your rights and options, and how to exercise them, are explained in more detail in this Class Notice. The Superior Court handling this case still has to decide whether to grant final approval to the Settlement. Cash payments will only be issued if the Superior Court grants final approval to the Settlement and after the time for appeals has ended and any appeals are resolved. Payments are expected to be mailed by the Claims Administrator by approximately July 24, 2018 if there are no appeals. Additional information regarding the Settlement is available through the Claims Administrator or Class Counsel, whose contact information is provided in this notice. OVERVIEW OF YOUR LEGAL RIGHTS AND OPTIONS UNDER THE SETTLEMENT DO NOTHING (PARTICIPATE) EXCLUDE YOURSELF (OPT OUT) BY MARCH 2, 2018 OBJECT To receive a cash payment from the Settlement, you need not take any action. If you do nothing, you will receive a cash payment from the Settlement and will give up your rights to be part of any other lawsuit involving the same or similar legal claims against the Company as the ones in this Action, and will release all such claims. You will receive no payment, but this is the only way for you to be part of any other lawsuit against the Company with respect to the legal claims in this Action. To exclude yourself, you must submit a written Request for Exclusion to the Claims Administrator postmarked no later than March 2, 2018 (the Deadline Date ). Persons who elect to exclude themselves are Opt Outs. Instructions for submitting a Request for Exclusion are set forth below. You cannot object if you exclude yourself. If you wish to object to the Settlement, you may do so by following the procedures described below. If you object, you will still be bound by the Settlement in whatever form, if any, approved by the Superior Court.

2 BASIC INFORMATION 1. Why did I get this notice? You have received this notice because the records of the Company show that you are a Settlement Class Member. This Class Notice summarizes and explains the Action, the Settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them. 2. What is the Action about? Michelle Roach, a former Company employee, filed an action against the Company in Los Angeles Superior Court as Case No. BC663866, on June 5, In the Action, the Plaintiff has claimed that the Company violated a number of wage and hour laws. In particular, Plaintiff claims among other things that the Company failed to pay employees or to properly calculate all minimum wages, bonuses, commissions, regular wages, overtime premium wages, meal or rest period premium wages, or other wages owed; failed to pay such wages to employees within required time periods; provided employees with wage statements or maintained employment records that were inaccurate, inadequate, or missing required information; failed to provide employees with required meal or rest periods or to pay wage premiums for missing such periods; and violated Labor Code section 203 by failing to pay all wages due to former employees. The Company denies any and all wrongdoing or liability associated with these claims. 3. Why is the lawsuit a class action? A class action is a lawsuit in which one or more individuals (in this case, Michelle Roach) sue on behalf of people who are alleged to have similar claims. The individual who actually brings the lawsuit is referred to as the Class Representative, while all other people who are alleged to have similar claims are a class or class members. A court resolves the issues for all class members, except for those who exclude themselves from the class. On December 1, 2017, the Honorable Ann I Jones, the judge assigned to this case, issued an order preliminarily certifying the Settlement Class defined in response to Question 5 below. 4. Why is there a Settlement? The Superior Court has not decided in favor of Plaintiff or the Company. There have been no decisions by the Superior Court concerning the merits of Plaintiff s claims. Instead, both sides agreed to the Settlement to avoid the cost and distraction of further litigation. The Settlement does not mean that any law was broken, and the Company denies any and all wrongdoing associated with the claims in the Action. The Class Representative and Class Counsel think the Settlement is in the best interests of all Settlement Class Members. 5. Who is in the Settlement Class? The Settlement Class is defined as all persons employed in a non-exempt (i.e. hourly pay) California-based job position during any portion of the period between February 19, 2012, and December 1, If you fit within the definition of the Settlement Class, then you are a Settlement Class Member. 6. What does the settlement provide? THE SETTLEMENT BENEFITS WHAT YOU GET Under the terms of the Settlement, the Company agrees to pay a Settlement Amount of Six Hundred Eighty Thousand Dollars and No Cents ($680,000.00). Deducted from this amount will be sums approved by the Court for attorneys fees not to exceed Two Hundred Twenty Six Thousand Six Hundred Forty Four Dollars and No Cents ($226,644.00) and costs not to exceed Ten Thousand Dollars and No Cents ($10,000.00), incurred by Class Counsel for representing Plaintiff and the Settlement Class in the Action; an incentive award to Plaintiff for her service as Class Representative in an amount not to exceed Five Thousand Dollars and No Cents ($5,000.00); payment to the State of California Labor and Workforce Development Agency of Seven Thousand Five Hundred Dollars and No Cents ($7,500.00) for alleged penalties; and the fees and expenses of the Claims Administrator estimated not to exceed Fourteen Thousand Dollars and No Cents ($14,000.00). The amount left (the Remainder ) is available to pay Settlement Class Members who are not Opt Outs and to pay the employers and employees share of tax and wage withholdings. Under the terms of the Settlement, each Settlement Class Member who is not an Opt Out shall be allocated a Class Member Allocation Amount, which shall be calculated as follows: (a) the number of workweeks the Settlement Class Member was employed in California by the Company as a non-exempt employee during the period from February 19, 2012 through December 1, 2017 (the Class Period ); divided by (b) the aggregate number of workweeks all Settlement Class Members who are not Opt Outs were employed by the Company in California during the Class Period; and then multiplied by (c) the Remainder. This calculation shall be based on the Company s books and records. Time on leave shall be excluded from this calculation. Vacation, holidays and other nonleave time off shall be included. For purposes of this calculation, all workweeks will be rounded to the nearest week. The Class

3 Member Allocation Amounts shall constitute 35% wage income and 65% non-wage income. The Claims Administrator shall calculate and deduct from the wage portion of each Class Member Allocation Amount the employee s and employer s share of required state, federal, and local tax, and other wage obligations or withholdings. The Claims Administrator shall issue to each Settlement Class Member who is not an Opt Out an IRS Form W-2 to report the wage portion of his or her Class Member Allocation Amount and the withheld taxes. The Claims Administrator shall issue to each such Settlement Class Member an IRS Form 1099 for the non-wage portion of his or her Class Member Allocation Amount. Each Settlement Class Member receiving a Class Member Allocation Amount agrees to indemnify the Company and related parties for any tax obligations arising out of payments to him or her of any portion of a Class Member Allocation Amount. No portion of any Class Member Allocation Amounts shall be eligible for benefit deductions or contributions and/or for matching employer funding under any employee benefit plans operated by or for the benefit of employees who work or have worked at the Company. If any Settlement Class Member wants additional information about the calculation of his or her Class Member Allocation Amount, he or she may obtain details from the Claims Administrator. The Settlement Class Member may challenge whether the calculation is proper under the terms of the Settlement by submitting information or documentation to the Claims Administrator. Any such challenges must be postmarked to the Claims Administrator by not later than March 2, If, after reviewing the available documents and information, Class Counsel and the Company s counsel are unable to agree on the resolution of any such disputed claim, then the matter shall be determined by the Claims Administrator. To the extent the resolution of any such challenge affects the remainder, the Class Member Allocation Amounts for employees shall be recalculated using the new information as determined through the foregoing dispute resolution process. 7. What am I giving up in exchange for the settlement benefits? If you accept the Settlement benefits, you release the Company and all related or possibly related parties from all matters at issue or raised in the Action, including but not limited to any claims for any alleged or actual failure to provide proper, accurate, timely, adequately descriptive, or complete wage statements or pay stubs; any alleged or actual failure to timely, fully, properly, or completely pay, or any alleged or actual failure to properly calculate, any minimum wages, bonuses, commissions, regular wages, overtime premium wages, meal or rest period premium wages, or other wages; any alleged or actual failure to comply with meal or rest period requirements; any actual or alleged failure to pay all wages, compensation, or property owed to an employee who was fired, quit, or otherwise departed; any alleged or actual failure to maintain or provide any proper, accurate, timely, adequately descriptive, or complete employment or payroll records (the Released Claims ). The acceptance of a cash payment hereunder by any Settlement Class Member will also operate as an opt in under the Fair Labor Standards Act ( FLSA ) and as a release of any claims under the FLSA. You may later discover new facts about these claims, but your releases of these claims will remain in effect and valid even if you later discover such new facts. You can talk to Class Counsel free-of-charge or you can talk to your own lawyer if you have questions about the released claims and what they mean. You may also get the full legal text of the releases by which you will bound by calling Class Counsel or the Claims Administrator. 8. How do I get a cash payment? HOW TO GET A CASH PAYMENT You are not required to take any action to receive your Class Member Allocation Amount. If you do nothing, your share of the Settlement proceeds will be mailed to you. 9. When will I get my check? Checks will be mailed to Settlement Class Members eligible to receive benefits under the Settlement, after the Superior Court grants final approval of the Settlement and after time for appeals has ended and any appeals have been resolved. If the Superior Court approves the Settlement after a hearing on April 6, 2018 at 9:00 a.m. (see The Court s Fairness Hearing ) below, there may be appeals. If there are any appeals, resolving them could take some time, so please be patient. Please note that checks will only be cashable for a period of one hundred and eighty (180) days after the check s issuance date. EXCLUDING YOURSELF FROM THE SETTLEMENT 10. How do I ask the Superior Court to exclude me from the Settlement Class? Any Settlement Class Member who does not wish to participate in this Settlement may exclude himself or herself from the Settlement

4 (i.e., Opt Out ) by completing and signing a Request for Exclusion and returning it by first class mail to the Claims Administrator: Roach v Red Bull Settlement c/o Dahl Administration LLC PO Box 3614 Minneapolis, MN Phone: 1(888) Website: Your Request for Exclusion must state the following: I declare as follows: I was employed by Red Bull Distribution Company, Inc. in California during at least part of the period from February 19, 2012, through December 1, 2017 in an hourly job position. I have received the Class Notice, and I have decided to be excluded from the Settlement Class described in the Class Notice and not to participate in the settlement described in the Class Notice. I understand that as a result, I will not receive any money under the settlement. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct to the best of my knowledge. Your Request for Exclusion must be signed and dated, and include your printed name, address, telephone number, and the last four digits of your Social Security Number. Your Request for Exclusion must be postmarked by no later than March 2, 2018 (the Deadline Date ). If the Request for Exclusion is sent from within the United States, it must be sent through the United States Postal Service via First Class U.S. Mail or the equivalent. Do not use a postage meter as that may not result in a postmark appearing on the envelope containing your Request for Exclusion. If you send a Request for Exclusion from outside the United States, use an appropriate mail or courier service that can provide evidence of the date you sent your Request for Exclusion. Any person who files a complete and timely Request for Exclusion will not be eligible to participate in the Settlement, will not receive proceeds from the Settlement, and will not be bound by the releases and other terms of the Joint Stipulation of Settlement. Any Settlement Class Member who does not submit a Request for Exclusion by mail strictly according to the instructions above will not be considered an Opt Out. 11. If I exclude myself, can I get anything from the Settlement? No. If you exclude yourself now you will not get anything from the Settlement. If you ask to be excluded, you will not get a cash payment, and you cannot object to the Settlement. But you may sue or be part of a different lawsuit against the Company in the future, subject to any defenses that the Company may assert. You will not be bound by anything that happens in the Action. 12. If I don t exclude myself, can I sue later? No as to any Released Claims. Unless you exclude yourself, you give up the right to sue the Company and any related parties for any Released Claims. 13. What happens with any unclaimed or unpaid Settlement funds? All settlement checks sent to Settlement Class Members and not cashed within one hundred eighty (180) days of issuance shall be canceled, and the money represented by such checks shall be distributed as follows: 25% of the unclaimed checks shall be paid to the State Treasury for deposit in the Trial Court Improvement and Modernization Fund; 25% to the California State Treasury for deposit in the Equal Access Fund; and 50% to Chrysalis, a nonprofit organization dedicated to creating a pathway to self-sufficiency for homeless and low-income individuals by providing the resources and support needed to find and retain employment. See

5 THE LAWYERS REPRESENTING YOU 14. Do I have a lawyer in this case? The Superior Court has appointed the following lawyer to serve as Class Counsel for the Settlement Class. If you have any questions about the Settlement please contact any of the attorneys listed below. Alan Harris HARRIS & RUBLE 655 North Central Avenue, 17th Floor Glendale, California Telephone: (323) Facsimile: (323) How will the costs and attorneys fees for the lawsuit and the Settlement be paid? Subject to Superior Court approval, the Company agrees to pay up to $226, in attorneys fees and $10, in costs to Class Counsel. Subject to Superior Court approval, the Company also agrees to pay an incentive award to Plaintiff Michelle Roach of $5, for her service as a Class Representative in taking on the risk of litigation. The Superior Court may award less than these amounts. The Company shall pay up to $14, for the Claims Administrator s costs and fees associated with administering the Settlement. These amounts shall all be paid from the total $680,000 settlement amount. 16. How do I object to the Settlement? OBJECTING TO THE SETTLEMENT If you are a Settlement Class Member and you are not an Opt Out, then you can object to the terms of this Settlement before its final approval by the Superior Court if you do not like any part of the Settlement and can give reasons why you think the Superior Court should not approve it. However, if the Superior Court rejects your objection, you will still be bound by the terms of this Settlement, unless you have opted out by the Deadline Date. To object to the Settlement, you may send to the Claims Administrator by first class mail and postmarked on or before the Deadline Date a written statement objecting to the Settlement. No written objections or briefs submitted by any Settlement Class Member will be received or considered by the Superior Court at the final approval hearing, unless copies of any written objections or briefs have been mailed to the Claims Administrator and postmarked on or before the Deadline Date. However, alternatively to providing a written objection, you may appear and orally present your objection at the final approval hearing in propria persona (meaning you choose to represent yourself) or through your own attorney. If you fail to object in one of the manners specified above, you shall be deemed to have waived any objections and shall be foreclosed from making any objection to, and from appealing any approval of, the Settlement. 17. What s the difference between objecting and asking to be excluded? Objecting is simply telling the Superior Court you have a legal basis to object to the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself is telling the Superior Court that you do not want to be part of the Settlement Class. If you exclude yourself, you will have no basis to object because the Settlement will no longer affect you and you will not receive any benefits pursuant to the Settlement. THE SUPERIOR COURT S FAIRNESS HEARING The Superior Court will hold a hearing to decide whether to approve the Settlement. You may attend and you may ask to speak, but you do not have to. 18. When and where will the Superior Court decide whether to approve the Settlement? The Superior Court will hold a hearing in Department 308 of the Los Angeles County Superior Court, 600 South Commonwealth Ave., Los Angeles, CA on April 6, 2018 at 9:00 a.m. PLEASE NOTE THAT THE LOCATION OF THE HEARING MAY CHANGE SINCE THE COURT MAY MOVE ITS ADDRESS. THE HEARING MAY ALSO BE MOVED TO A DIFFERENT DATE. THEREFORE IF YOU INTEND TO ATTEND THE HEARING PLEASE CHECK THE WEBSITE AT FOR UPDATED ADDRESS AND DATE INFORMATION. At this hearing, the Superior Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Superior Court will consider them. The Superior Court will also decide how much to pay Class Counsel. After the hearing, the Superior Court will decide whether to approve the Settlement. We do not know how long these decisions will take.

6 19. Do I have to come to the hearing? No. Class Counsel will answer any questions the judge may have. But, you are welcome to come at your own expense. If you send a written objection, you don t have to come to Superior Court to talk about it. As long as you mailed you written objection on time, the Superior Court will consider it. You may also pay another lawyer to attend, but it is not required. 20. What happens if I do nothing at all? IF YOU DO NOTHING You are not required to take any action by reason of receipt of this Class Notice. If you do nothing, you will receive your share of Class Member Allocation Amounts, and you will be bound by the terms of the Settlement. POSSIBLE CANCELLATION 21. Circumstances under which the Settlement may be cancelled. The Settlement may be canceled at the election of the Company if five percent or more of Settlement Class Members opt out, or under certain other circumstances such as non-approval of the Settlement by the Superior Court. You will be informed if such circumstances occur. 22. Are more details about the Settlement available? GETTING MORE INFORMATION This Class Notice is just a summary of the Settlement and may not answer all of your questions. You may obtain more information by contacting the Claims Administrator at Roach v Red Bull Settlement, c/o Dahl Administration LLC, PO Box 3614, Minneapolis, MN , Phone: 1(888) , Website: