You received a Class Notice because Rite Aid’s records identify you as a non-exempt retail store associate employed by Rite Aid in the state of California during the period of April 16, 2016 through October 12, 2021. As such, you are a potential Class Member in this lawsuit. The purpose of the Notice is to describe the litigation to you, inform you about the Settlement, and inform you of your rights and options in connection with the Settlement.

Class Members include all individuals who, according to Rite Aid’s records, worked for Rite Aid as non-exempt retail store associates in California at any time during the period of April 16, 2016, through October 12, 2021.

The Court in charge of the case is the United States District Court, Central District, and the case is known as David Ramirez v. Rite Aid Corporation, et al., Case No. 2:20-cv-03531-GW-SKx (which is consolidated with the case known as Marion Lemons v. Rite Aid Corporation, et al., Case No. 2:20-cv-07617-GW-SKx) (collectively referred to as the “Consolidated Action”). The judge currently presiding over the lawsuit is the Honorable George H. Wu, in Courtroom 9D.

In class and representative actions, one or more people called “Class Representatives” (which – in this case – are David Ramirez and Marion Lemons) sue on behalf of themselves and other individuals who have similar claims. The Class Representatives and these other individuals together are a “Class” or “Class Members.” Each person receiving the notice is a “Class Member” for purposes of this Settlement. The Court has preliminarily decided that this lawsuit can be resolved on a class-wide basis because it meets the requirements of federal law governing the resolution of claims through a class action.

Plaintiffs David Ramirez’s and Marion Lemons’ Consolidated Action alleges that Rite Aid violated the rights of non-exempt retail store associates under California law. Specifically, Plaintiffs claim that non-exempt retail store associates employed by Rite Aid in California during the relevant time period were subjected to on-the-clock bag checks, resulting in a: (1) failure to pay for all hours worked; (2) failure to pay minimum wages; (3) failure to pay overtime wages; (4) failure to authorize and permit and/or make available meal periods; (5) failure to provide accurate itemized wage statements; (6) failure to timely pay all wages upon separation; (7) failure to pay all wages due on regularly-scheduled paydays; and (8) violation of the California Business and Professions Code. Based on the allegations in this Consolidated Action, Plaintiffs further seek the recovery of penalties under the Private Attorneys General Act of 2004 (“PAGA”).

Class Counsel is experienced in class action litigation and has a duty to represent the interests of all Class Members. Based on analyzing the law concerning the claims, analyzing records, making factual investigations, considering risks involved in further litigation, ensuring that the Class receives payment without having to wait for years of protracted litigation with no certainty of success, and using a professional third-party mediator to assist in reaching a fair settlement of this lawsuit, Class Counsel believes the Settlement is fair, adequate, and reasonable.

You are receiving Class Notice of this Settlement because the Court has reviewed the Settlement and has preliminarily determined the Settlement is fair and reasonable and can go forward.

The Settlement is the result of good faith, arm’s length negotiations between Plaintiffs and Rite Aid, through their respective attorneys and aided by a well-respected mediator. Both sides agree that in light of the risks and expenses associated with continued litigation, this Settlement is fair and appropriate under the circumstances, and in the best interests of the Settlement Class Members. This Settlement is a compromise and is not an admission of liability on the part of Defendants.

The Court has not decided whether Plaintiffs’ claims have any merit. There was no trial. Instead of going to trial, both sides agreed to this settlement.

• Rite Aid will pay $9,000,000.00 (“Total Settlement Amount”) to end this lawsuit.
• Class Members will receive a portion of the Net Settlement Amount in the manner described under Question 5. The Net Settlement Amount is the Total Settlement Amount minus the following deductions: (1) up to $10,000.00 to each of the Class Representatives as approved by the Court; (2) up to $2,999,700.00 as attorneys’ fees to Class Counsel as approved by the Court; (3) up to $27,000.00 as costs to Class Counsel as approved by the Court; (4) approximately $98,023.00 as Administrative Expenses as approved by the Court; and (5) $67,500.00 to the California Labor & Workforce Development Agency. The Net Settlement Amount is estimated to be $5,787,777.00.

A Class Member’s Settlement Payment will be his or her share of the Net Settlement Amount. The Net Settlement Amount is comprised of two parts: (1) the Net PAGA Settlement Amount (i.e., $22,500 earmarked for the release of Representative Plaintiffs’ and each PAGA Aggrieved Employee’s PAGA claims that is not payable to the California Labor and Workforce Development Agency), and (2) the Net Class Settlement Amount (i.e., the entire Net Settlement Amount less the Net PAGA Settlement Amount which is approximately $5,765,277.00).

A Class Member’s pro-rata share of the Net Class Settlement Amount will be calculated by dividing the number of workweeks that he or she worked for Rite Aid as a non-exempt retail store associate in California between April 16, 2016 and October 12, 2021, by the total number of workweeks that all Class Members (who do not opt-out or exclude themselves from the Settlement) worked for Rite Aid as non-exempt retail store associates between April 16, 2016 and October 12, 2021.

Settlement Class Members who worked for Rite Aid between April 20, 2019 and October 12, 2021 in the State of California shall also receive a pro rata share of the Net PAGA Amount (i.e., $22,500.00).

All Settlement Payment determinations will be based on Rite Aid’s timekeeping, payroll, and/or human resources records for Class members. Your particular weeks worked for Rite Aid during the relevant period, as shown by company records and well as your total estimated settlement payment are available in the Notice you received. This amount is an estimated amount, and your final settlement payment is expected to differ from this amount (i.e., it could be higher or lower) and will be calculated as set forth above. 

If you dispute the number of workweeks as shown on your Notice of Settlement, you may produce evidence to the Settlement Administrator establishing the dates you contend to have worked for Rite Aid from April 16, 2016 to October 12, 2021. Corrections to the number of workweeks must be supported by documentation or other evidence to constitute a valid dispute of workweeks. The Settlement Administrator shall provide a recommendation to counsel for the Parties and counsel will meet and confer to resolve the dispute. Corrections and supporting evidence must be mailed to Ramirez v. Rite Aid Corporation, c/o JND Legal Administration, PO Box 91435, Seattle, WA 98111, faxed to (855) 466-2446, or emailed to info@RiteAid-RamirezSettlement.com. The deadline to submit corrections and supporting evidence is December 30, 2021.

When calculating the individual Settlement Payments for purposes of the Notices of Settlement, the Settlement Administrator will assume that no Settlement Class Members opt-out. When calculating the individual Settlement Payments to Settlement Class Members following Final Approval (for purposes of preparing individual Settlement Payment checks), the Settlement Administrator will not include Settlement Class Members who validly request exclusion from the Settlement.

For tax purposes, the individual Settlement Payments will be allocated as follows: one-quarter (1/4) of all settlement payments to Settlement Class Members shall be considered wages and shall be subject to the withholding of all applicable local, state and federal taxes; three-quarters (3/4) of all payments to Settlement Class Members shall be considered non-wages for the settlement of interest claims, statutory and civil penalty claims, and for attorneys’ fees. The portion allocated to wages shall be reported on an IRS Form W-2, and the portion allocated to reimbursement, penalties, and interest shall be reported on an IRS Form 1099. You should consult with your tax advisors concerning the tax consequences of the payments you receive under the settlement. Neither Class Counsel nor Rite Aid’s counsel intend anything contained herein to constitute legal advice regarding the taxability of any amount paid, nor shall it be relied upon as such.

Rite Aid encourages all Class Members to participate in the Settlement. Rite Aid represents that, as required by law, it will not retaliate against any associate as a result of his or her participation in the Settlement.

You will automatically receive your portion of the Settlement Payment via settlement check so long as you do not opt-out or exclude yourself from this lawsuit.

If you do not exclude yourself from the Settlement, you will be bound by the release of claims in this Settlement. This release includes the wage and hour claims that were pleaded in the Consolidated Action (or that could have been pleaded based on the facts alleged in the Consolidated Action), which arise out of the Class Members’ work performed for Rite Aid as non-exempt retail store associates in the state of California between April 16, 2016 and October 12, 2021.

More specifically, if the Court grants final approval of the Settlement, all Settlement Class Member who do not timely request exclusion from the Settlement will be barred from bringing certain claims described below. Settlement Class Members fully release and discharge Rite Aid from any and all claims that were asserted in the Consolidated Action (and/or in David Ramirez’s state court PAGA Action pending in Alameda Superior Court entitled “David Ramirez v. Rite Aid Corporation, et al.” as Case No. RG20065869 (“Ramirez PAGA Action”)) or could have been asserted based on the same factual predicates contained in the Consolidated Action (and/or the Ramirez PAGA Action) from April 16, 2016 through the Final Approval Date, including but not limited to claims for violations of California and/or federal law pertaining to (1) failure to pay for all hours worked; (2) failure to pay minimum wages; (3) failure to pay overtime wages; (4) failure to authorize and permit and/or make available meal periods; (5) failure to provide accurate itemized wage statements; (6) waiting time penalties; (7) failure to pay all wages due on regularly-scheduled paydays; (8) violation of California’s Business and Professions Code; (9) injunctive relief pursuant to California’s Business and Professions Code; and (10) PAGA civil penalties to the extent based on the nine immediately preceding and identified issues in Subsections (1)-(9). This release includes but is not limited to claims for violations of California Labor Code §§ 200, 201, 202, 203, 204, 204b, 210, 221, 223, 224, 225.5, 226, 226.3, 226.7, 256, 510, 512, 558, 1174, 1174.5, 1182.11, 1182.12, 1194, 1194.2, 1197, 1197.1, 1198, 1199, and 2698 et seq., all provisions of the California Industrial Welfare Commission Wage Orders that provide the same protection(s) as the statutes and regulations listed immediately above, and California Business and Professions Code Sections 17200, et seq. (to the extent based on the same protections as provided by each of the statutes listed immediately above). Participating Class Members expressly release their claims under the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. §§ 201, et seq., that are or could be based on the same factual allegations in the Consolidated Action.

If any Class Member initiates a new lawsuit against Rite Aid based on any claim released under this Agreement, and the Court invalidates the release, any recovery by the Class Member shall be offset by the amount, if any, paid to the Class Member in connection with this Settlement.

For the full language of the release, as well as additional documents related to the settlement, including the complete Class Action and Private Attorneys General Act Settlement Agreement and Release and the documents filed by the Parties to obtain approval of the settlement, you may visit the Important Documents section of this website. You may also contact the Settlement Administrator for a copy of the Class Action and Private Attorneys General Act Settlement Agreement and Release that has been filed with the United States District Court, located at 350 West 1st Street, Los Angeles, CA 90012.

If you do not want a payment from this Settlement, but you want to keep your rights, then you must take steps to exclude yourself from the Settlement. You can exclude yourself from the Settlement by notifying the Settlement Administrator in writing of your intent to exclude yourself by January 31, 2022 (which is 60 calendar days from the date Notice is sent to the Class Members). Your exclusion letter must state your (i) name, (ii) current address, (iii) the last four digits of your social security number, (iv) desire to exclude yourself from the Settlement, and (v) your signature. Exclusion letters must be sent directly to the Settlement Administrator. The Settlement Administrator, JND Legal Administration, is a neutral third-party appointed by the Court to administer the Settlement in accordance with the Court’s Orders and the terms of the Settlement Agreement. Exclusion letters must be sent directly to the Settlement Administrator at the following address by first class mail, postage prepaid, postmarked on or before January 31, 2022:

David Ramirez v. Rite Aid Corporation
JND Legal Administration
PO Box 91435
Seattle, WA 98111

No Class Member will be permitted to pursue a claim released by this Settlement on the grounds that a request for exclusion was submitted timely and lost, destroyed, misplaced, or otherwise not received by the Settlement Administrator unless the Class Member has adequate proof that the request for exclusion was mailed timely certified and return receipt requested or has equivalent proof of timely delivery.

You may withdraw your exclusion prior to January 31, 2022, by writing to the Settlement Administrator and stating your intent to withdraw your request to be excluded.

No. Unless you exclude yourself, you give up any right to sue Rite Aid for the claims that this Settlement resolves. If you have a pending lawsuit regarding these claims, speak to your lawyer in that case. Remember, the exclusion deadline is January 31, 2022.

No. If you exclude yourself, you are not eligible to receive any money from this settlement, but you may sue, continue to sue, or be part of a different lawsuit against Rite Aid. If you ask to be excluded, you will not be bound by the Settlement or have any right to object, appeal, or comment thereon.

If you are a Settlement Class Member and wish to object and tell the Court why you do not like the settlement, you may submit a written objection and appear at the Final Approval Hearing to raise your objection. No Class Member’s written objection shall be considered by the Court, unless it is filed with the Court by no later than January 31, 2022 (which is 60 calendar days from the date the Notice is sent to the Class Members.). All such objections must be signed by the Class Member and must contain the Class Member’s name, his/her address, and the dates of his/her employment with Rite Aid. Upon request, the objector must also provide the parties any address information or other necessary information so as to identify the objector. Any objections must clearly explain why the Class Member objects to the Settlement (including any legal and factual support for the objection(s)) and state whether the Class Member (or someone on his or her behalf) intends to appear at the Final Approval Hearing. A Class Member may enter an appearance through an attorney if the Class Member so desires.

No Class Member shall be entitled to be heard at the Final Approval Hearing (whether individually or through counsel), unless written notice of the Class Member’s intention to appear at the Final Approval Hearing has been timely filed with the Court and served upon Class Counsel and Defendants’ Counsel and the Class Member has not opted out of the Settlement.

If a Class Member objects to the Settlement, he/she will remain a member of the Class, and, if the Court grants final approval of the Settlement, he/she will be bound by the Settlement in the same way and to the same extent as a Class Member who does not object. Any member of the Class who does not make and serve his/her written objection in the manner provided above, shall be deemed to have waived such objections and shall be foreclosed from making any objections by appeal or otherwise to the Settlement.

The names and addresses of Class Counsel are:

Objecting is simply telling the Court that you do not like something about the Settlement. You can object only if you stay in the Class. Excluding yourself is telling the Court that you do not want to be part of the Class and don’t want to release your individual claims. If you exclude yourself, you have no basis to object because the case no longer affects you.

The Court has approved Schneider Wallace Cottrell Konecky LLP and Aiman-Smith & Marcy, PC, respectively, to represent you and other Class Members in this action. These lawyers are called Class Counsel. You will not be separately charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense. A Class Member may enter an appearance through an attorney if the Class Member so desires. Schneider Wallace Cottrell Konecky LLP and Aiman-Smith & Marcy, PC are available as your counsel to answer your questions. The names and contact information of Class Counsel are listed in Question 13 above.

Class counsel would ask the Court to approve a payment of up to $2,999,700.00 for attorneys’ fees and up to $27,000 for litigation costs, which will be paid out of the $9,000,000.00 settlement fund. These attorneys’ fees will pay Class Counsel for bringing the lawsuit on your behalf, investigating the facts, litigating the case, and negotiating the Settlement. Rite Aid has agreed not to oppose these attorneys’ fees or costs. The Court may award less than these amounts.

The Court will hold a final hearing to decide whether or not to approve the Settlement. You may attend, either in person or remotely depending on the Court’s procedure at the time of the hearing due to the pandemic, and you may ask to speak, but you don’t have to. The Final Approval Hearing is scheduled for February 24, 2022, at 8:30 a.m. in the United States District Court, Central District, Courtroom 9D, located at 350 West 1st Street, Los Angeles, CA 90012.

The Notice and this website only summarize the Action, the Settlement and related matters. For more information, you may review a copy of the Class Action and Private Attorneys General Act Settlement Agreement and Release. This document and the motion for approval of the settlement is also on file with the United States District Court, Central District, located at 350 West 1st Street, Los Angeles, CA 90012. You may also contact Class Counsel at the address listed in Question 13 above without having to pay for any attorneys’ fees. You also have the right to speak with an attorney of your choosing at your own expense. A Class Member may enter an appearance through an attorney if the Class Member so desires.

PLEASE DO NOT CONTACT THE CLERK OF THE COURT, THE JUDGE, OR ANY OF RITE AID’S MANAGERS, SUPERVISORS, OR ATTORNEYS ABOUT THIS SETTLEMENT.