Mars Wrigley Confectionery US has agreed to pay $2,387,520 to settle a class action lawsuit for alleged failure to pay overtime wages and other workplace issues.
Can I Claim an Award?
If you worked as a Territory Sales Manager (TSM) for Mars Wrigley Confectionery US, LLC, you may be eligible to claim an award from this settlement.
For California TSMs, the settlement covers claims for unpaid overtime, missed rest and meal breaks, inaccurate wage statements, and unpaid wages at termination. For non-California TSMs, the settlement addresses claims for unpaid overtime under federal law.
- California TSMs: Worked between April 30, 2018, and May 15, 2024
- Non-California TSMs: Worked between February 10, 2020, and May 15, 2024
What Awards Can Class Members Claim?
Awards are based on the number of weeks they actively worked during the relevant period. The total settlement fund of $2,387,520 will be distributed among the class members after deducting attorneys' fees, litigation costs, and other expenses.
California TSMs will receive a higher weight for their workweeks (1.6 times) to account for additional claims under California law. Non-California TSMs will receive payments based on their workweeks during the collective action period.
- California TSMs: Weighted at 1.6 times the value of workweeks
- Non-California TSMs: Based on workweeks during the collective action period
Is Proof Required to Claim the Reward?
Yes, proof is required to claim the reward. Class members must submit a claim form by the specified deadline to be eligible for a settlement payment.
- California TSMs: Proof of employment during the relevant period
- Non-California TSMs: Proof of employment during the collective action period
How to Claim Your Award
To claim your award, you must submit a claim form by August 19, 2024. You can submit a form online at the official settlement website.. Make sure to have your CPT ID and Passcode, which can be found on the mailed notice or email sent to you.
If you do not have a CPT ID and/or Passcode, you can call 1-888-272-0159 or email MarsWrigleySettlement@cptgroup.com for assistance. Ensure that you complete and submit the form by the deadline to receive your settlement payment.
How do I Get Paid?
Once your claim is approved, the settlement administrator will issue your payment. Payments will be made via check, and you will receive an IRS Form W-2 for the portion of the payment designated as unpaid wages and an IRS Form 1099 for the portion designated as interest and penalties.
$2,387,520 Settlement Fund Breakdown
The total settlement amount is $2,387,520. This amount may be reduced if fewer non-California TSMs join the case or if some California TSMs opt out of the settlement. The final settlement amount will be at least $1,800,000.
From the final settlement amount, the following will be paid:
- Settlement payments to class members
- Attorneys' fees not to exceed one-third of the final settlement amount
- Litigation costs not to exceed $20,000
- Service payments of $10,000 each to the named plaintiffs
- Settlement administration costs not expected to exceed $30,000
- Payment of civil penalties under the Private Attorneys General Act (PAGA) in the amount of $12,500
Important Dates
- Deadline to File a Claim: August 19, 2024
- Final Approval Hearing: September 26, 2024
Why is There a Class Action Settlement?
The class action settlement was reached to resolve allegations that Mars Wrigley Confectionery US, LLC failed to pay overtime wages, provide paid rest breaks, unpaid meal breaks, issue accurate wage statements, and pay all wages owed at termination of employment. The plaintiffs believe the claims are valid and could be proven if the case went to trial, while Mars Wrigley denies these allegations and contends that the claims have no merit.
Both parties recognize the risks, expenses, and disruption associated with continued litigation and have chosen to resolve their differences through this settlement. The settlement was reached after arm's length negotiations with the assistance of an experienced and neutral mediator.
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