The Settlement’s Monetary Terms. Under the Settlement, which the Court has preliminarily approved, Defendants agree to pay $3,000,000 (the “Settlement Fund”) to resolve all of the claims raised in the lawsuit, including those for attorney’s fees, expenses, claims administration fees, and service awards. The chart below describes how the money is divided and when payments will be made. This Notice contains only a summary of the Settlement’s terms. You may obtain a full copy of the Settlement Agreement by contacting the Claims Administrator, listed below. Round 1 FLSA Subclass Fund Approximately $1,020,000 Class Members who filed a Consent to Join Form by April 30, 2020 Eligible Class Members will receive approximately $.265 per mile driven for Defendants Within 40 days of the Court granting Final Approval of the Settlement Round 2 FLSA Subclass Fund Up to $400,000 Class Members who file a Claim Form and Release after April 30, 2020, but before the Court grants Final Approval of the Settlement Eligible Class Members will receive approximately $.176 per mile driven for Defendants Within 40 days of the Court granting Final Approval of the Settlement State Law Subclass Fund $500,000 Class Members who did not make a claim under Round 1 or 2 above Eligible Class Members will receive an amount based on their miles driven for Defendants, with a minimum payment of $25 Within 40 days of the Court granting Final Approval of the Settlement Contingency FLSA Subclass Fund At least $300,000 Class Members who did not make a claim under Round 1 or 2 above, and, potentially, all Class Members who cashed any other check received from the Settlement See description below. See description below. The Contingency FLSA Fund is available to any Class Member who did not receive a payment from the Round 1 or Round 2 FLSA Funds. Members of the Contingency FLSA Subclass can assert a claim for a portion of the Contingency FLSA Fund after the close of the Round 2 FLSA Notice Period and before April 30, 2023. Any unclaimed funds will be distributed to the Domino’s Partners Foundation, a 503 (c)(3) non-profit organization organized to help Domino’s Team members in times of hardship and adversity.
The Settlement’s Monetary Terms. Under the Settlement, which the Court has preliminarily approved, Defendants agree to pay $630,000.00 (the “Settlement Fund”) to resolve all of the claims raised in the lawsuit, specifically, the four claims identified above. The parties have expressly not released any other claims related to their employment that Class Members might have against Defendants other than the four claims identified in Section 1 above. After deducting attorneys’ fees, costs, and service awards, the settlement will be distributed to the Class Members as follows: First, for purposes of calculating their pro rata share of the Settlement, each Class Member who returned a Consent to Join Form before August 6, 2021 will have their hours counted at 1.5×. Second, all Class Members who worked for Defendants between June 15, 2017 and March 16, 2020 and between June 23, 2020 and July 29, 2020 will share $10,000 in proportion to the number of hours they worked during this time period. This portion of the Settlement is intended to provide consideration for the allegation (which Defendants deny) that Defendants retained employee tips left on online to-go orders during this time period. Third, all Class Members who worked for Defendants between June 15, 2017 and March 16, 2020 and between June 23, 2020 and July 29, 2020 will share $25,000 in proportion to the number of overtime hours they worked during this time period. This portion of the Settlement is intended to provide consideration for the allegation (which Defendants deny) that Defendants failed to pay overtime at the proper overtime rate during this time period. Fourth, all Class Members who worked for Defendants between March 17, 2020 and June 22, 2020 will share the remainder of the Settlement Fund, approximately [fill after gathering admin costs, litigation costs] in proportion to the number of shifts they worked during this time period. This portion of the Settlement is intended to provide consider for the allegation (which Defendants deny) that Defendants improperly denied tipped workers overtime wages and improperly retained tipped workers’ tips during this time period. For tax purposes, half (1/2) of each Class Member’s award will be treated as wages, from which taxes and withholdings will be taken. The other half (1/2) of each Class Member’s award will be treated as damages, for which the Class Members will receive an IRS Form 1099. Class Members will have 180 days to cash or negotiate their checks.
