If you performed services as Drivers and/or Helpers delivering Macy’s products and/or furnishings, who did not sign a delivery service agreement with XPO Last Mile, Inc. and were tendered freight at Macy’s Logistics and Operations distribution center, located at 1208 Whipple Road, Union City, California 94587, at any time from December 28, 2014 to October 30, 2019 (the “Class”), you may be eligible for a payment from a class action settlement.
A settlement has been reached with Macy’s West Stores, Inc. and XPO Last Mile, Inc. (“Defendants”) in a class action lawsuit (Ramon Garcia, et al. v. Macy’s West Stores, Inc., et al., Case No 3:16-cv-04440-WHO) alleging that Drivers and Helpers who provided services out of the Macy’s Logistics and Operations’ warehouse, located at 1208 Whipple Road, Union City, California 94587, were misclassified by Defendants as independent contractors and were not paid overtime, or provided meal and rest breaks, as is required of an employer. The parties disagree about whether Drivers and Helpers are or were independent contractors or employees of Defendants as well as whether any wage and hour laws that protect employees have even been violated. The Court has made no rulings on the merits of any of the claims made in this lawsuit.
Your Rights & Options.
Remain in the Class: If you remain in the Class, you will receive a settlement payment so long as the Settlement Administrator has your tax ID. If you were a Driver or Helper, and you submit a verified claim form stating, under penalties of perjury, the number of days you worked your settlement payment will be paid based upon the number you submit in the verified claim form, subject to a possible reasonable adjustment. If you were a Driver or Helper and you do not submit a verified claim form, your settlement payment will be paid from any remaining settlement fund available for distribution to Drivers and Helpers and your settlement share shall be equal to all other Drivers and Helpers who did not submit a verified claim form.
If you remain in the Class you may object to the settlement and appear at the final approval hearing (either in person or through your attorney). In addition, you will give up certain legal rights that you may possess against Defendants, as well as all of their present and former parent companies, subsidiaries (regardless of tier), sister companies, parts, divisions, and related or affiliated companies.
Opt Out of the Class: If you choose to opt out, you will not receive a settlement payment and you will be entitled to pursue your own court action against Defendants. You will not be rewarded or punished in any way based on your decision to remain a class member or opt out.
What Happens Next?
The Court will consider whether to grant final approval of this settlement agreement on March 11, 2020, in Courtroom 2 of the San Francisco Courthouse of the United States District Court for the Northern District of California, located on the 17th Floor at 450 Golden Gate Avenue, San Francisco, CA 94102-3489. The date, time, and location of this hearing is subject to change without further notice. You may contact the attorneys for the Drivers and Helpers at Boyamian Law (818) 547-5300, Law Offices of Thomas W. Falvey (818) 547-5200, or JML Law (818) 610-8800 to inquire about any changes with the hearing.