Gilberto Gonzalez v. Costco Wholesale Corp.

LOS ANGELES SUPERIOR COURT 
STATE OF CALIFORNIA
NO. CCAHCV00255

The Superior Court for the State of California has authorized this Notice. Read it carefully! It’s not junk mail, spam, an advertisement, or a solicitation by a lawyer. You are not being sued.

You may be eligible to receive money from an employee class action lawsuit (“Action”) against Costco Wholesale Corporation for alleged wage and hour violations. The Action was filed by a Costco employee named Gilberto Gonzalez, Jr. (“Plaintiff”), and seeks (1) payment of wages and penalties for a class of non-exempt employees (“Class Members”) who worked for Costco during a Class Period of April 12, 2021 to January 29, 2024; and (2) penalties under the California Private Attorneys General Act (“PAGA”) for non-exempt employees (“Aggrieved Employees”) who worked for Costco during that same period.

The Court has already preliminarily approved the proposed Settlement and approved the Notice. The Court has not yet decided whether to grant final approval. Your legal rights are affected whether you act or not act. Read this Notice carefully. You will be deemed to have carefully read and understood it. At the Final Approval Hearing, the Court will decide whether to finally approve the Settlement and how much of the Settlement will be paid to Plaintiff and Plaintiff’s attorneys (“Class Counsel”). The Court will also decide whether to enter a judgment that requires Costco to make payments under the Settlement and requires Class Members and Aggrieved Employees to give up their rights to assert certain claims against Costco.

If you have received the Notice, you have two basic options:
(1) Do Nothing. You will automatically participate in the proposed Settlement and be eligible for an Individual Class Payment and Individual PAGA Payment. As a Participating Class Member, though, you will give up your right to assert class wage and penalty claims against Costco.

(2) Opt Out of the Class Settlement. You can exclude yourself from the Class Settlement (opt out) by submitting a written Request for Exclusion or by otherwise notifying the Administrator in writing. If you opt out of the Settlement, then you will not receive an Individual Class Payment. You will, however, preserve your right to personally pursue wage and statutory penalty claims against Costco, while you will, if you are an Aggrieved Employee, automatically remain eligible for an Individual PAGA Payment. You cannot opt out of the PAGA portion of the proposed Settlement.

Costco will not retaliate against you for any actions you take with respect to the proposed Settlement.

SUMMARY OF YOUR LEGAL RIGHTS AND OPTIONS IN THE SETTLEMENT

You Don’t Have to Do Anything to Participate in the Settlement.	If you do nothing, you will be a Participating Class Member, eligible for an Individual Class Payment and an Individual PAGA Payment (if any). In exchange, you will give up your right to assert the wage claims against Costco that are covered by this Settlement (Released Claims).
You Can Opt Out of the Class Settlement but not the PAGA Settlement.   The Opt-out Deadline is: September 23, 2024.	If you don’t want to fully participate in the proposed Settlement, you can opt out of the Class Settlement by sending the Administrator a written Request for Exclusion. Once excluded, you will be a Non-Participating Class Member and no longer eligible for an Individual Class Payment. Non-Participating Class Members cannot object to any portion of the proposed Settlement. See Section 6 of the Notice.
You cannot opt out of the PAGA portion of the proposed Settlement.	COSTCO must pay Individual PAGA Payments to all Aggrieved Employees and the Aggrieved Employees must give up their rights to pursue Released Claims (defined below).
Participating Class Members Can Object to the Class Settlement but not the PAGA Settlement.   Written Objections Must be Submitted by September 23, 2024.	All Class Members who do not opt out (“Participating Class Members”) can object to any aspect of the proposed Settlement. The Court’s decision whether to finally approve the Settlement will include a determination of how much will be paid to Class Counsel and Plaintiff who pursued the Action on behalf of the Class. You are not personally responsible for any payments to Class Counsel or Plaintiff, but every dollar paid to Class Counsel and Plaintiff reduces the overall amount paid to Participating Class Members. You can object to the amounts requested by Class Counsel or Plaintiff if you think they are unreasonable. See Section 7 of the Notice.
You Can Participate in the Final Approval Hearing.          The Court’s Final Approval Hearing is scheduled to take place at 8:30 a.m. on October 21, 2024.	You don’t have to attend but you do have the right to appear (or hire an attorney to appear on your behalf at your own cost), in person, by telephone or by using the Court’s virtual appearance platform. Participating Class Members can verbally object to the Settlement at the Final Approval Hearing. See Section 8 of the Notice.
You Can Challenge the Calculation of Your Number of Days Worked With Written Challenges, Which Must be Submitted by September 23, 2024.	The amount of your Individual Class Payment and PAGA Payment (if any) will depend on how many work days during the Class Period are attributed to you. The number of work days attributed to you worked according to Costco’s records is stated on the first page of this Notice. If you disagree with any number, you must challenge it by September 23, 2024. See Section 4 of the Notice.