Existing Opt-Ins/California Class Members: According to AT&T's records, Existing Opt-Ins and California Class Members previously opted in or worked for AT&T exclusively in California. Unless they excluded themselves, these Class Members will remain as part of the Class and receive a payment if they sign the yellow Arbitration Agreement and follow the procedures described in Question 8 above, which means that they cannot sue, continue to sue, or be part of any other lawsuit against AT&T over the federal and state-law wage and hour issues in this case. It also means that all of the Court’s orders will apply to and legally bind them. In other words, Class Members agree to the “Release of Claims” below, which describes the legal claims that they give up if they get settlement benefits.
Future Opt-Ins: According to AT&T's records, Future Opt-Ins did not previously opt in and worked for AT&T at least some time outside California. These individuals must have submitted a Claim Form to be part of the Class. If they submitted a Claim Form, signed the yellow Arbitration Agreement and followed the procedures described herein, which means that they cannot sue, continue to sue, or be part of any other lawsuit against AT&T over the federal and state-law wage and hour issues in this case. It also means that all of the Court’s orders will apply to and legally bind them. In other words, they agree to the “Release of Claims” below, which describes the legal claims that they give up if they get settlement benefits.
Release of Claims: With the exception of claims under the Fair Labor Standards Act (“FLSA”) for Class Members who do not make claims, each member of the Settlement Class releases AT&T and any parent, subsidiary, affiliate, predecessor or successor, and all agents, employees, officers, directors and attorneys thereof from any and all claims, debts, liabilities, demands, obligations, guarantees, costs, expenses, attorney’s fees, damages, action or causes of action contingent or accrued for, which would arise from the allegation that AT&T misclassified Class Members as exempt under state or federal wage and hour law for that individual’s time period covered by the settlement, tied to the allegations in the complaint. This would include but not be limited to claims arising under the California Labor Code, California Business & Professions Code (including Section 17200) or any other wage and hour statute (except the FLSA); the Wage Orders of the California Industrial Welfare Commission; claims for restitution and other equitable relief, liquidated damages, punitive damages, waiting time penalties, penalties of any nature whatsoever, whether known or unknown, during the Settlement Period, arising from the underlying allegation of exempt misclassification. Per the requirements of the FLSA, however, the release of FLSA claims shall apply only to those Class Members who submit or are deemed to have already submitted claims under this settlement.