Volerenclo, Weal DienySatoment Adeinssor .0, Box 4208 Providence, RI 029403208 wsyv Cains SV 1003205 NOTICE OF PENDENCY OF CLASS ACTION SETTLEMENT AND HEARING DATE FOR COURT APPROVAL (Walencuela v. Walt Disney Parks and Resorts U.S, Ine, Case No 8:17-2-01988) YOUR LEGAL RIGHTS MAY BE. AFFECTED WHETHER YOU ACT OR DO NOT ACT. PLEASE READ THIS NOTICE CAREFULLY. bY OF YOUR LEGAL RIGHTS AND OPTIONS IN THIS SEFTLEMENT "Toveoeive ces payment fom te Setlement, you do not have to do anything ‘Your estimated Individual Settlement Payment ist Sg ee the explanation below Do Nothing | ana Receive |#Fayment ‘address as this Notice. IF your address has changed, please notify the Setiement | After final approval by the Disbict Coury, the payment will be meiled to you at tho same ‘Aaministatoe a explained below. In exchange forthe Setverent Payment, you wil relesse | claims agsns the Defendant es dtd below. exchide yourself, you must send «writen requei for walaslon to te Selemen® | | _Adminitstor a proviced below. Ifyou request exclusion, you will esive mo money from | Exctude Yoursel | the Settlement. a * if | Instruetions are set forth below. — Wilt tothe Distriet Court ebout way you do nat Rice the Seeman j [obit Directions are provided below. Z (Way aia ger tas Notice) ‘A proposed class action setiement (the “Setlement") of the above-captioned action pending inthe United States Distrit Court for the Cental Distt of California (the “District Court") has been reached between Plaintiff Jose wutla and Brice Cho (“Plaintfa") and Defendant Walt Disney Parks and Resorts U.S, Ine, Defendant” and fees been granted preliminary approval by the District Court. You may be entitled to receive money from this Settlement. Tho District Court has not made a determination about any ofthe contentions ofthe partes. This [Notice is not to be understood as an expression of any opinion by the District Court as to the merits ofthe claims or defenses assorted by either side ‘You have received this Notice because you have been identified as # Class Member, who are individuals in ‘the Overtime Class andlor the Mea Rest Premium Class, which are defined as: Qvortime Class “ell individuals employed by Defendant in California as «non-exempt employee ‘daring the Class Period, who in addition to thle straight time hourly wage rate received one or more premitm payments in workweek for the performance of addtional responsibilities or for working 1during certain hours of operations (Premium Payments") and who worked more than 40 hous in that workweek.” ‘MsalfRss Premlum Class: ‘all individuals employed ty Defendant in California asa non-exempt “employee ding the Clase Period who recivd a Iehour pyrene om Defendant ar mel ose aod during th ste pay pio thy reeived one or mote Perm Payments” ‘The Class Period is from September 22, 2013 and continuing through October 15,2019. “This Notice explains the lawsuit, the Setlement, and your legal rights. Its important that you tead this Notice carefully, as your rights may be affected by the Settlement. (Bhat fis cas action sale about TS Sy, On September 22, 2017, Plaintiffs filed a Complaint against Deferdent in the Superior Cou forthe Stale of California, County of Orange entited Valenzuela v. Walt Disney Parks and Resorts US, nc, Case No, 30-20(7- (00945651. Plaintifs asserted cleims ageinst Defendant for wage and hour violations under the California Labor Code, On November 9, 2017, Defendant removed the Complaint tothe United States Distot Cour forthe Cental Disteot of California, where iis pending as Case No. 8:17-0v-01988-IVS (the "Lawauit") On February 16,2016; Plaintiffs fled a Frsi Amended Complait, adding claim for elvil penalties under the Private Attorneys Genel ‘Act, Cal, Labor Code §§ 2689 ef seq. (PAGA"). On January 7, 2019, without opposition from Defendant, the Distict Court certified two classes—the Overtime Clacs and the Meal/Rest Premium Clas, ‘A modiation washeld on September 13,2018, but was unsuccessful. Following second mediation on Apil 24,2019, the Parties reached a setdement in order o avold the rsk, inconvenience and expense of further ligation, Pains and their atomeys believe the proposed Settlements fir, adequate and inthe best interest ofthe Class Members 0 ‘whom it applies given the outcome oftheir investigation, the consumption of time ad resources required in conection ‘wit further litigation, and the uncertint in the Ja governing some ofthe claims resented, Defendant vigorously disputes all claims asserted in this litigation, Specifically, Defendant maintains that it has properly complied with ll state and federal las and regulation, Including the Califosia Labor Co, Defendant enters into this Selement forthe sole purpose of avoiding the operational burden, expense and uncertainty of ‘continuing ligation. ‘The Distiet Court granted preliminary approval ofthe Senlement on November 4, 2019, At thet time the District (Court also confirmed the Plaintiffs to serve a the Class Representatives, and the la frm Blumenthal Noedrehaug [Bhowmik De Blouw LLP to serve as Class Counsel [5 Witat are the terms of the Settlement? “ala Setlement Amount Defendant has ered to pay an “alin” mount of Two Million Datla (32,00,00) (he Toul Seulement Amount") to find the setement ofthis Action. The Toul Setlement Amount iste al individual Setlement Payment to the Patipating Clas Members contemplted by te Setiement, Class Couse!'s sttomee’ fes and ests, Setement Administration expanses, service payments tothe Pati he payment othe Suto of California Labor Workforce and Development Agency CLWDA'), andthe employer's potion oF FICA nd FUTA taxes, The enirty ofthe Total Setlement Amount will be disbursed, with no reversion Defenen, Defendant shal fund the Totl Sowlement Armour within twenty-one (21) calendar days after the inal approval of the Setlement by the Court or, ifthe is any objection othe Setlemont, wiht twenty-one (21) calendar cys fer espintion ofthe ine to file peels othe rtoltion of any appeals ied id From the T. unt, The Distt Court has tentatively approved cesin {moments to be made from the Total Seement Amount which wil be sujoc to fil approval by he Diss {Coury and wich will be deducted fom the Teal Setdement Amount before SesiemertPaymants ae made 0 Cass "Meiers who do nc equest exclasion Patcpating Class Member”). These payments ae as fllows: © Seulement Administration Exzensss, Payment tothe Settlement Administrator, estimated not to exceed $100,000 fo expenses, including expenses of notifying the Class ofthe Setement, processing optus, and distelbating Setlement Peyments end sx forms.© Aomays' Fees and Costs. Payment to Class Counsel of easonableattomeys fees not to exceed 113 of the ‘Total Settemeat Amount (i, $666,666), and an addtional amount to reimburse actual ltigaton expenses not to exceed $150,000. Class Counsel has been prosecuting the Action on behalf of Plaintiff end the Class con nconlingency fee basis (thai, without being paid any money to date) and has been peyingal litigation ‘costs and expenses, © Service Payment to Class Representatives. Service Payments to the Plants that will not exozed Ten ‘Thoussnd Dollars ($10,000) each, or such lesser amount as may be approved by the Distiet Cour, 10 compensate them for thei services on behalf of the Class in initiating and prosecuting the Action, and for the risks they undertook, © LIDA Payment. $20,000 i allaete to settle the claim for penalties under the California Private Artormeys General Act, California Labor Code sections 2698, ot seq. ("PAGA"), and will be distibued as follows: 75% of the apportioned PAGE settlement smount ($15,006) wil be paid tothe LWDA, and he remaining 25% ($5,000) will be divided among the Class Members on pro rata besis and in thee tnividual Settlement Payments. Calculation of Individual Settlement Payments to Patcipating-Cless Members: The Tots! Settlement Amount wil by (@) Class Counsel's avarded attorneys’ fees and litigation costs and expenses; (0) the Setlement ‘Administrator's fees and expenses (c) the payment tothe LDA; (€) the service payments to Paitiffsas the Cass ‘Represenatives; and (e) Defendant's portion of the payroll taxes for individual settlement payments made to Participating Class Members. “The amount remaining after these deductions are made is dsfined as the "Net ‘Setlement Proceeds.” The Net Setlement Proceeds shall be disuibuted to Class Members who do not request ‘exclusion (Participating Class Members"). The Settiement Administrator shall first divide the Net Settlement Proceeds with $09 tothe settlement af she Overtime Class clams (the "Overtime Class Net Setlement Proceeds”), and the remaining 50% ofthe Not Setternent Proceeds shel be allocated tothe setlement ofthe Meal/Rest Premium ‘Class claims (the “Meal Rest Premium Class Net Seslement Proceeds"). The submission ofa lai farm is not equited t be paid, The Net Setlement Proceeds shal be paid as follows: Caleulation for Overtime Class. The “Individual Overime Class Member Payment” will be based on ratio oF the Overtime Class Total Weoks Worked tothe Overime Ces Individual Week Worked, calculated by dividing the Overtime Class Individual Weeks Worked by the Overtime Cless Total Weaks Worked and multiplying this result by the Overtime Class Net Setement Proveeds. The Individeal Overtime Class Member Payment of any ‘Overtime Class Member who was “Jaime” Settlement Class Member wil be reduced by 10% and tat amaunt will bbe added on a pro rata basis to the Undividual Overtime Class Member Payments ofthe Overtime Class Members ‘who were not Jaire Setlement Class Members. Calculation for Meal/Rest Premium Class. Tae “Individoa! Meal/Rest Premium Class Member Payment” willbe ‘based ona ratio ofthe Meal/Rest Premium Class Total Weeks Worked tothe Meal/Rest Premiurs Clas Individual ‘Weeks Worked, caleulated by dividing the Meal/Rest Premium Clsss Individual Weeks Worked by the Meal/Rest Premium Class Total Weeks Worked and multiplying this result by the Meal/Rest Premium Class Net Sedlement Proceeds. ‘The Individual MeaVRest Premium Class Member Payment of any Meal/Rest Premium Class Member ‘who was 2 Jaime Settlement Class Meraber wil be reduced by 10% and that ammount will beaded on a pro rata basis to the Individual Meal est Premium Class Member Payments of the Meal Rest Premium Class Members who ‘ere not Jaime Setlersent Cass Members Ifthe Settlement is approved by the Distriet Court and you do aot opt out, you will automatically be mailed ‘a check for your Individual Setment Payment tothe same address as this Notice. You do not have to da anything fo receive a payment. dress has changed, you must contact the Seulement Administrator ta Fnform them of your corret adress lo insure you reseive your payment ‘Tex Matters. Beceuse the Individual Overtime Class Member Payments and the Indvicuel Meal/Rest Premium ass Member Payments (collectively, "individual Setlement Payments”) ae bot for setlement of alleged unpald wages and civil and statutory penalties, 25% ofthe Individual Setlement Payments willbe allocated to unpaid wages tnd will be subject to tax withtolding this portion of the peyment will be reported on an IRS Form 'W.2, and 75% will be allocated to penalties and imarest and will be psid without withholding any amount and will bbe reported on an IRS Form 1059.artcipating Class Mersbers shall be responsible for paying ay taxes owing on their Individual Settlement Payment. [Nelther Class Counsel nor Defendant's Counsel intend anything contained in the Settlement to constute advice ‘regarding taxes or taxabilty. You may wish to consltatax advisor concerning the tax consequences ofthe payments ceed under the Settlement, Conditions of Settement, This Settlement is conditioned upon the District Court entering an oder granting final approval ofthe Settlement Gi RE Released Claims. Upon the final epproval ofthe Setlement by the Cou, and except ast such rights cr ‘may be created by the Stipulation of Setlement, the Patipaing Clas Mombers wil release and dischargs Defendant and al of Defendant's curent and former pret, ubldariesand allies, and fs caret and forest officers, dirctors, employees, partners, sharcholders and agents, and the predecessors and successor, essgns, and legalrepresenativesof ell och entities and individuals (“Class Members Released Petes), fom ay and all wage and-hour claims, rights, demands, abilities and causes of ection of every nature and deseripen, whether known ot tnkrow, inluding,bucnotimitedo, statutory, consitiona, contractor common law claims for unpaid wages, dameges,unreimbursed-business expenses; civil and statutory penalties, lguideted damage, punitive damages, interest attomeys' fees, tigation costs, rettotion, or equitable ei within te following categories of llegations in the Lawsuit and/or arising fom those allegations related tothe Overtine Cass claims and the Meal/Rest Period Class claims: (eal laims for unpaid overtime wages ony ase result of impropery determining or calculating andlor miscalelsting the regular rate of pay; () all claims for ihe failure to provide meal andor rest periods in accordance with appliceble law, inclading for non-payment of Califia Labor Code seetion 226.7 payments as ‘result of improperly determining o ealoulsting andlor miscalcalating the regular rate ofpay or otherwise, and alleged ‘non-payment of wages for meal periods worked and not taken; (6) flue to timely pay wages, both during «employment and upon termination anor resignation of employment; (file to provide accurate femized wage statements; and (2) civil and statutory penalties, including thas recoverable under the PAGA, for any sich claims, ‘which arose during the Cless Period, a5 defined in Soction A, ofthe Setlement Agresment (Class Members’ Released Claims"). The Class Members” Released Claims iciige claims meeting te above definition under any sn all applicable sattes, including witout limitation the federt Fair Labor Standards Act, 29 U.S.C. §§ 201, er ‘e9.; Celifornia Labor Code §§ 96 through 98.2, ef seq. the Califomia Payment of Wages Law, California Labor Cove §§ 200, ese, including California Labor Code §§ 203,218, 218,5,226(),and226.7 in particular California Labor Code §§ 300, seq; California Labor Code §§ 400, et eg; California Working Hours Law, Califa Labor Cove 6 500 6s, and 8 550-564 in particular California Labor Code § 1194; the Califernla Unie Competition ‘Aci end in particular, Calfomie Bus. & Prof. Code §§ 17200, ar seq; PAGA; Calfoma Civil Procedure Code § 021.5; and eny other provision of the Califia Labor Code or any applicable California Industal Welfare Commission Woge Orders, in al oftheir iterations ‘Thismeans that, i'you do not imely and formally exclude youself rom the Selene, you cannot sue, continue 10 ‘su, or be part of ay other Iawsultagenst Defendant and the Released Parties about the legal issues reslved by this Seteen to meas tel fhe Dist Cu’ ods in his Aon il apo oud ely bdo x a) Gaiam eT ris Class Member, Your Defendant's records reflect that you worked 139.86 weeks during the Class Period cstimated Individual Setlement Payment as a Class Member is $19.8. ‘The number of warlovecks for each Class Member was determined using Defendants records, Toth extent a Class ‘Member disputes the information listed on his or het Notice, the Class Member may produce evidence 10 the Settlement Administrator showing such ather weeks worked thatheor she contends shouldbe shown onthe Notice. ach Class Member shall have until January 27, 2020 to dispute the number of workweeks allocated to them during the Class Period,(6. Howein gets payment? be mailed automatically tothe same address as this Notice. If your address is incorrect or hes changed, you must notify the Settlement Adminisrater. The Settemeat Administater is: Valenzuela v. Walt Disney Setlement ‘Administator, P.O. Box $3208, Providence, RI 02940-3208, [-866-558-9235. ‘The Distiot Court will hold a heating on March 23, 2020 to decide whether to gran final spproval of he Sete Ifthe District Cour grants final approval of the Setlement and there aren objections or appeals, payments wll be mulled within approximately wo months afer this hearing. If there are objections or appels, esolving them can take time, perhaps more than ayes. 77 What dea Cin to ba part oF the Setlomeat? = you do not wish to pardoipte in the Setlement, you may exelude yourself from the Settlement or “opt out" If {you opt out, you will receive NO money from tue Settlement, and you will not be bound by its terms, ‘Toopt out, you must submitto the Setlement Administrator, by FirstClass Mella uriten, signed and dated request to opt out postmarked no later than January 27, 2020. The request fo opt out must state in substance: “Lhave read the Notice and wish o opt out ofthe elas action and setiement ofthe case Valereuea v. Walt Disney, Case No, 8:17-c¥-01988-1VS.” The request to opt out must contin your name, addres, signature andthe last four gis of your Social Security Number for verification purpses. To be valid, the request opt out must be completed bby you and must be timely submitted to the Setdement Adminisvator. No other person may opt out fora iving smemiber ofthe Class. Anyone who submitsa timely and valid requestto opt out shal not be deemed a Cass Member nd will not eesive any paymentas pat ofthis Serlement, nd may not objeet or otherise challenge the Setlement. ‘The address forthe Settlement Administator is Volenzuela v. Walt Disney Setlement Administrator P.O. Box 43208 Providence, RI 02940-3208 ‘Writen requests for exclusion tht are postmarked after January 27,2020 or that are incomplete or unsigned wil be rejected, and those Class Members will remain bound by the Settlement and the release of claims deseribed above. ‘BE Hiow do tl We Distro Court tat don’ keto Sealamaaeh ‘Any Class Member who has not opted out and believe that the Setlemont should not be finally approved by the Distrit Court for any reason may object tothe proposed Settlement. Objections must be in writing and stat your (he Class Memter's) name, curent addres, telephone number, and describe why you believe the Settlement is Unfair and whether you intend to sppear atthe fal approval hearing. All objections or ather correspondence mast, also state the name and number of the case, which i Valenzuela». Walt Disney Parks and Resorts US, Ine, in he United States Distrie Cour forthe Central District of California, Case No, 8:17-c¥-01988-VS, In adton, last Members may enter sn eppestance through an attorney ifthe Class Member so desies Any objections must fle his or er objection withthe Court and serve iton all Parties no late than January 27,2020, [fhe Court approves the Setloment despite your objection, you wil be bound by the terms ofthe Settlement in the samme way as Class Members who donot object. Any Class Member who does not object in the manner provided in ‘this Notice shall have waived any objection to she Settlement, whether by appeal or alherwise. Ifyou opt out af the Settlement, you cannot object toi‘The addresses for Prtos* counsel are as fllows: Class Counce Counsel for Defendant: ‘Norman Blurnenthal ‘Stephen L. Berry, Esq, ‘Blumenthal Nordrehaug Bhownike Paul Hastings LLP De Blouw LLP 685 Town Center Deve, 17th Floor 2255 Calle Ciera Costa Mess, CA 92626 Sen Diego, CA 92037 Email: stephenberry@pauthestings com ‘Tel: 858-551-1223 / Fox: 858-551-1252 ‘Emil: Nonm@bamlaveacom (Se Wiken anaes Witte Coit decide Whelton approve the Sehlemeat = TST ‘The Court will bold a Final Approval Hearing a 130 PM on March 23, 2020, athe United States District Court for the Cental District of Cslfomis, located at 411 West 4th Street, Santa Ana, CA 92701-4816, in Courtoom JOC before District Judge James V, Seina. At this hearing the Court will consider whether the Settlement is faz, reasonable, and adequate..The purpose of this heating is forthe Couto determine whether to ‘grant fina approval” of the Seulement. Tf there ae objections, the Court will consider them. The Court may allow people who have ‘made a timely written request to speak atthe hearing. This hearing may be rescheduled by the Court without frter notice to you, You are not required fo attend the Final Approval Hearing, althoweh any Class Member is welsome toatend the hearing. (ocHiow do get inde information about meSellemeat? T= You may call the Setlement Administrator at 866-558-9235 or write to: Valenewela v. Walt Disney Setlement Administrator P.O, Box 43208, Providence, RI 02940-3208, ‘or contact Class Counsel at 1-858-551-1223, ‘This Notice summarizes the proposed Settlement. More details are available in the Setloment Agreement, “You ‘may receive a copy ofthe Setiement Agreement, the Final Judgment or other Seilement documents by going tothe Seitlement Administrator's website ot wm, ValenzuelaSetlement.com) or by contacting Class Counsel, You may lso get more deals by examining the Courts file using PACER at hits ss and entering Case No. 8:17-cv-01988, or by going tothe Clerk's Office located at 411 West th Steet, Room 1053, Santa Ans, (CA 92701-4516 during cular business hours, PLEASE DO NOT CALL THE COURT ABOUT THIS NOTICE. IMPORTANT: © You must inform the Settlement Administrator of any change of address to ensure receipt of your Settlement Payment, ‘© Seitlemeat checks wil be nal and void 180 days ater issuance if not deposited or cashed. IF Participating (Class Member's Individual Setiement Payment check isnot cashed within 180 days ar its ast maling to the Participating Cas Member, the check will become void and the funds no longer available. ‘Thereate, ‘mounts represented by uncashed checks willbe donated to Orange County Community Foundetin, a nom. profit charitable corporation. if your check is lost or misplaced, you should contact the Setlemert Administrator immediately t request a replacement