FAQs
- What is this lawsuit about?
- Who is the Defendant?
- What can I get from the settlement?
- What are the tax implications:
- Do I have a lawyer in this settlement?
- How do I get more information?
- When will the Court decide whether to approve the settlement?
- Can I speak at the hearing?
- How can I file a claim?
- What constitutes a Valid Claim?
- The Class Member is deceased, can I file a claim?
- How do I get out of the settlement?
- How do I tell the Court if I don’t like the settlement?
- What happens if I do nothing?
- When will I get my settlement paymenet?
- What am I giving up by releasing my claims?
- What is this lawsuit about?
Plaintiff Rebecca Day filed a lawsuit asserting that defendant failed to pay her and other non-exempt, hourly-paid manual worker employees on a weekly basis.
Top - Who is the Defendant?
Tractor Supply Company
Top - What can I get from the settlement?
Defendant has agreed to pay a Maximum Settlement Amount of up to $750,000.00. The Maximum Settlement Amount will be used to pay: (1) Participating Class Members based on their individual proportionate amount, (2) attorneys' fees and costs of up to 1/3 of the Maximum Settlement Amount ($250,000.00), (3) a Service Award of up to $5,000.00 to Plaintiff, and (4) the Settlement Administrator's fees and costs.
The formula that has been approved by the Court and used to calculate your settlement payment considers the duration of your employment during the relevant period. All Participating Class Members will receive at least a minimum share of at least $50.00.
Top - What are the tax implications:
All payments shall be classified as non-wage liquidated damages and will be reported on an IRS Form 1099 (if the payment is $600 or more). Neither Class Counsel nor Defendant's counsel can advise you regarding the tax consequences of the settlement. You may wish to consult with your own personal tax advisor in connection with the settlement.
Top - Do I have a lawyer in this settlement?
The Court has decided that the lawyers at the law firm Bursor & Fisher, P.A. are qualified to represent you and all class members. These lawyers are called "Class Counsel." You will not be charged separately for these lawyers; their fees are being covered by the Maximum Settlement Amount. You do not need to retain your own attorney in order to participate as a Class Member. If you do not opt out of the Class and want to be represented by your own lawyer, you may hire one at your own expense.
Top - How do I get more information?
You may contact Class Counsel at [email protected].
Top - When will the Court decide whether to approve the settlement?
The Court will hold a Fairness Hearing on January 25, 2024. Please be advised that the Court may adjourn the date of the hearing without further notice to Class Members, and the Court may opt to hold the Fairness Hearing via telephone or video conference. Contact Class Counsel if you have any questions about the date, time, or location of the Fairness Hearing. You are not required to attend the Fairness Hearing, although any Class Member is welcome to attend.
Top - Can I speak at the hearing?
The purpose of the hearing is for the Court to determine whether to grant final approval to the settlement. If there are objections, the Court will consider them. The Court will listen to people who have made a timely written request to speak at the hearing.
Top - How can I file a claim?
You can:
(1) mail your claim form to Tractor Supply Settlement, P.O. Box 301132, Los Angeles CA 90030-1132
(2) you can email your claim form to [email protected], or
(3) you can file your claim on-line.
Your claim must be postmarked by, or otherwise received on or before, February 5, 2024.
Top - What constitutes a Valid Claim?
The Claim Form must be completed in its entirety.
Top - The Class Member is deceased, can I file a claim?
Yes. Please provide a copy of the death certificate and indicate if you want to have the payment made in your name. Otherwise the check will be made payable to the Estate.
Top - How do I get out of the settlement?
If you wish to exclude yourself, you must submit a written Opt-out statement to the Settlement Administrator, stating: (i) your name, address, telephone number, and email address; and (ii) a statement indicating your intent to exclude yourself from the settlement, such as "I opt out of the Tractor Supply wage and hour settlement." The Opt-out Statement must be postmarked or otherwise received on or before February 5, 2024.
If you submit an Opt-out statement, you will not be eligible to receive a settlement check. You will retain the right to bring your own legal action against Defendant.
Top - How do I tell the Court if I don’t like the settlement?
If you have not submitted an Opt-out statement, you can object to any portion of the settlement of which you disapprove. You can give reasons why you think the Court should not approve it. The Court will consider your views. To object to the settlement, send a letter to the Settlement Administrator stating that you object to the settlement which includes all of the following: (i) all reasons for objecting to the settlement, and any supporting documentation; (ii) your name, address, telephone number and the dates and locations of your employment with Defendant; (iii) the case name Day v. Tractor Supply; and (iv) list of all other objections, if any, filed by you or your counsel, to any class actions pending in any court in the United States in the previous five years.
As an Objector, you also have the right to appear at the Fairness Hearing before the Court either in person or through your own counsel. If you wish to appear at the Fairness Hearing, you should state your intention to do so in your letter to the Settlement Administrator.
Ojections should be mailed to the Settlement Adminstrator at: Tractor Supply Settlement, P.O. Box 301132, Los Angeles, CA 90030-1132.
Your objection must be postmarked by, or otherwise received on or before February 5, 2024.
Top - What happens if I do nothing?
You will not be eligible to receive a settlement payment. If you do not exclude yourself from the settlement, you will still release the Released Class Claims.
Top - When will I get my settlement paymenet?
If the Court approves the settlement at the hearing on January 25, 2024, and there are no appeals, settlement checks will be mailed within 15 days after the expiration date of the time for an appeal to have been filed. If there is an appeal, settlement checks will be mailed within 15 days after all appeals are resolved in favor of final approval of the settlement. Please be patient.
Top - What am I giving up by releasing my claims?
Unless you exclude yourself, you will release the Released Class Claims. This means that you release all wage and hour claims that have been asserted in the Complaint under New York Labor Law and/or common law, arising during the full extent of the applicable statutes of limitations (i.e., between June 24, 2016 to February 24, 2019). The Released Class Claims include, but are not limited to, statutory, constitutional, contractual or common law claims for frequency of pay damages, unpaid wages, overtime, interest on such claims, penalties, damages, liquidated damages as well as attorenys' fees, expenses, disbursements, litigation costs and fees, restitution, or equitable relief related to such claims.
Top