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This page provides the answers to class members’ most frequently asked questions.

The information provided is in summary form and is not intended as a complete explanation of your rights. For full and complete information, you are directed to review carefully the Notice of Class Action and Proposed Settlement.

About The Settlement

What is this lawsuit about?

In the Lawsuit, the Lead Named Plaintiffs and Named Plaintiffs alleged that Kraft Heinz failed to: (i) to include all preshift and post-shift time spent engaged in donning and doffing as compensable work time; (ii) to accurately pay for all time worked; and (iii) to include all forms of non-discretionary compensation, such as monetary bonuses, incentives, awards, and/or other rewards and payments, in their employees’ regular rates of pay for overtime calculation purposes. Kraft Heinz denies the allegations, and the Court has not considered or made any decisions as to the merits of the Lead Named Plaintiffs’and Named Plaintiffs’ claims or Kraft Heinz’s defenses.

The Lead Named Plaintiffs, Named Plaintiffs, and Kraft Heinz have negotiated a Settlement on behalf of the Class. While the Court has not made a final determination on the outcome of the Lawsuit, it has preliminarily approved the proposed Settlement.

Who is included in the Settlement?

Current and former hourly-paid, non-exempt employees of Kraft Heinz Foods Company who were employed between September 22, 2019 and the date the Court enters final approval of the settlement.

What does the Settlement provide?

To settle this lawsuit, Kraft Heinz created a Settlement Fund totaling $15,000,000.00 for payment: to individuals who participate in the Class; to Lead Named Plaintiffs and Named Plaintiffs as service awards; and to Class Counsel as attorneys’ fees and costs.

Payments to Class Participants

Of the total Settlement Fund, $9,755,000.00 is allocated for payments to the Class. This amount was determined by calculating alleged monetary amounts based upon documentation and data provided by Kraft Heinz, expert damage analysis and reports, review by Class Counsel, and a reduction in a manner that was consistent with the anticipated level of risk for continued litigation of the Lawsuit. The amounts available for payments are split evenly between the Class depending on the state in which each Class Member worked or works.

Service Award

Of the total Settlement Fund, and in recognition of their efforts in bringing, pursuing, and resolving the Lawsuit: a Service Award of $25,000.00 will be paid to Lead Named Plaintiff Dakota Grede; a Service Award of $15,000.00 will be paid to Lead Named Plaintiff Steve Moffett; a Service Award of $2,000.00 will be paid to Named Plaintiffs Patricia Montanez and Krystal Buckley; and a Service Award of $1,000.00 will be paid to Named Plaintiffs Melinda Wright, Devin Crooms, Steve Brandt, Clyde Bell, LaGregory Bonner, Brian Beranek, Ashley Merry, David Valykeo, Latrecia Adams, JoAnn Wyble, and Melissa Farmer.

Payment of Attorneys’ Fees and Costs

Of the total Settlement Fund, attorneys’ fees and costs of $5,025,000.00 will be paid to Class Counsel, Walcheske & Luzi, LLC, and Nilges Draher LLC.

How do I get the Settlement benefits?

If you are a Class Member, no further action is necessary to participate in the Class. If you are and wish to remain a member of the Class, you will receive the amount of money corresponding to the state in which you are/were employed identified on Exhibit B of the Settlement Agreement, less applicable tax withholdings, if any.

Can I ask to opt out of the Settlement?

 Yes. If you qualify as a member of the Class and you do not want to participate in the Lawsuit, you must submit a request for exclusion. To be effective, the request for exclusion must: (i) include your full name, address, and telephone number; (ii) include your dates of employment at Kraft Heinz and job title(s); and (iii) specifically state your desire to be excluded from the settlement in Dakota Grede, et. al. v. Kraft Heinz Foods Company, Case No. 22-cv-1103. If you exclude yourself, you will not receive any monies from the Settlement Fund designated for the Class, you will not be bound by the terms of the Settlement, and you will not release any state law or federal law (FLSA) claims against Kraft Heinz. You must submit your request for exclusion on or before September 30, 2024 to the Settlement Administrator. If you are a member of the Class, failure to include the required information or to timely submit your request will result in your remaining a member of the Class and being bound by any final judgment.

How do I object?

If do not request to be excluded, you may object to the terms of the Settlement. If you object and the Settlement is approved, you will be barred from bringing your own individual lawsuit asserting claims related to the matters released through this Settlement, and you will be bound by the final judgment and release and all Orders entered by the Court. You may, but need not, enter an appearance through counsel of your choice. If you do, you will be responsible for your own attorneys’ fees and costs.

You must file any objection to the Settlement with the Court on or before October 18, 2024 and provide copies of the objection to: (i) the Settlement Administrator, Analytics LLC, Kraft Heinz FLSA Settlement, PO Box 2009, Chanhassen MN 55317-2009; (ii) Class Counsel, Walcheske & Luzi, LLC, 235 N. Executive Drive, Suite 240, Brookfield, Wisconsin 53005; Email: contact@walcheskeluzi.com; Nilges Draher LLC, 1360 East 9th Street, Suite 808, Cleveland, Ohio 44114; E- Mail:rbaishnab@ohlaborlaw.com; and (iii) counsel for Kraft Heinz, 150 East Gilman Street, Suite 5000, Madison, Wisconsin 53703, E-Mail: dkaplan@foley.com. The objection must state: (i) your full name, address, and telephone number; (ii) your dates of employment at Kraft Heinz and job title(s); (iii) a written statement of your factual and legal support for your objection; (iv) copies of any papers, briefs, or other documents upon which the objection is based; (v) a list of all persons who will be called to testify in support of the objection; and (vi) a statement whether you intend to appear at the Fairness Hearing. If you intend to appear at the Fairness Hearing through counsel, the objection must also state the identity of all attorneys representing you who will appear at the Fairness Hearing. If you do not timely make your objections in this manner, you will be deemed to have waived all objections and shall not be heard or have the right to appeal approval of the Settlement.

Who Represents the Class?

The Court appointed the following lawyers as Class Counsel to represent the Rule 23 Class:

WALCHESKE & LUZI, LLC
235 N. Executive Drive, Suite 240
Brookfield, Wisconsin 53005
Telephone: (262) 780-1953

and

NILGES DRAHER LLC
1360 East 9th Street, Suite 808
Cleveland, Ohio 44114
Telephone: (216) 230-2944

If you participate in the Lawsuit, your interests will be represented by Class Counsel. Please direct any questions you have about the Lawsuit to Class Counsel. Do not contact the Court.