Plaintiffs were employees of Defendants. The Action accuses Defendants of violating California labor laws by failing to pay minimum wages, failing to pay overtime wages, failing to provide required meal periods and unpaid premiums, failing to provide required rest periods and unpaid premiums, failing to provide accurate itemized wage statements, failing to provide required expense reimbursement, failing to provide wages when due, failure to pay sick pay, and engaging in unfair competition. Plaintiffs also seek civil penalties in a representative claim under the Private Attorneys General Act (“PAGA”).
Defendants strongly deny that they violated any laws or failed to pay any wages and further deny any liability whatsoever to Plaintiffs, the Class, or Aggrieved Employees. Defendants contend they complied with all applicable laws.
The Court has made no determination whether Defendants or Plaintiffs are correct on the merits. In other words, the Court has not determined whether any laws have been violated, nor has it decided in favor of Plaintiffs or Defendants. In the meantime, Plaintiffs and Defendants hired an experienced, neutral mediator in an effort to resolve the Action by negotiating an to end the case by agreement (settle the case) with no decision or admission of who is right or wrong, rather than continuing the expensive and time-consuming process of litigation. The negotiations were successful. By signing a lengthy written Class Action and PAGA Settlement Agreement (“Agreement”) and agreeing to jointly ask the Court to enter a judgment ending the Action and enforcing the Agreement, Plaintiffs and Defendants have negotiated a proposed Settlement that is subject to the Court’s Final Approval. Both sides agree the proposed Settlement is a compromise of disputed claims. By agreeing to settle, Defendants do not admit any violations or concede the merit of any claims. Plaintiffs and Class Counsel strongly believe the Settlement is a good deal for you because they believe that: (1) Defendants have agreed to pay a fair, reasonable and adequate amount considering the strength of the claims and the risks and uncertainties of continued litigation; and (2) Settlement is in the best interests of the Class Members and Aggrieved Employees. The Court preliminarily approved the proposed Settlement as fair, reasonable and adequate, authorized the Notice, and scheduled a hearing to determine Final Approval.
Gross Settlement Amount. Defendants have agreed to pay an “all in” amount of One Million Nine Hundred and Fifty Thousand Dollars ($1,950,000) (the “Gross Settlement Amount”) to fund the settlement of the Action. The Gross Settlement Amount includes all payments of Individual Class Payments, Class Counsel Fees Payment, Class Counsel Litigation Expenses Payment, Class Representative Service Payments, the Administration Expenses Payment, Individual PAGA Payments, and civil penalties under PAGA. Any employer-side payroll taxes on the portion of the Individual Class Payments allocated to wages shall be separately paid by Defendants. Defendants shall fund the Gross Settlement Amount, and also fund the amounts necessary to fully pay Defendants’ share of payroll taxes, by transmitting the funds to the Administrator no later than 35 days after the Effective Date. The “Effective Date” means the date the Judgment is entered, unless there are objections or an appeal, in which case the Effective Date is the date the Judgment is final and no longer subject to appeal. Within 14 days after Defendants funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments to Participating Class Members.
Court Approved Deductions from Gross Settlement Amount. At the Final Approval Hearing, Plaintiffs and/or Class Counsel will ask the Court to approve the following deductions from the Gross Settlement, the amounts of which will be decided by the Court at the Final Approval Hearing:
- Administration Expenses Payment. Payment to the Administrator, estimated not to exceed $55,000, for expenses, including expenses of notifying the Class Members of the Settlement, processing opt-outs, and distributing settlement checks and tax forms.
- Attorneys’ Fees and Costs. Payment to Class Counsel of reasonable attorneys’ fees not to exceed one-third (1/3) of the Gross Settlement Amount, which presently equals $650,000.00, and an additional amount to reimburse actual litigation costs incurred by the Plaintiffs not to exceed $43,000.00. Class Counsel has been prosecuting the Action on behalf of Plaintiffs and the Class on a contingency fee basis (that is, without being paid any money to date) and has been paying all litigation costs and expenses. The payment of the Class Counsel Fees Payment shall be allocated as follows: 60% to Blumenthal Nordrehaug Bhowmik De Blouw LLP, 26% to Diversity Law Group, P.C. and 14% to Polaris Law Group. The amounts stated are what Class Counsel will be requesting and the final amounts to be paid will be decided at the Final Approval Hearing.
- Class Representative Service Payments. Class Representative Service Payments in an amount not more than $10,000.00 each to the Plaintiffs as a service award, or such lesser amount as may be approved by the Court, to compensate them for services on behalf of the Class in initiating and prosecuting the Action, and for the risks they undertook. The amount stated is what Plaintiffs will be requesting and the final amount to be paid will be decided at the Final Approval Hearing.
- PAGA Penalties. A payment of $50,000.00 relating to Plaintiffs’ claim under PAGA, $37,500.00 of which will be paid to the State of California’s Labor and Workforce Development Agency (“LWDA”). The remaining $12,500.00 will be distributed to the Aggrieved Employees as Individual PAGA Payments. The Administrator will calculate each Individual PAGA Payment by (a) dividing the amount of the Aggrieved Employees’ 25% share of PAGA Penalties ($12,500) by the total number of PAGA Pay Periods worked by all Aggrieved Employees during the PAGA Period and (b) multiplying the result by each Aggrieved Employee’s PAGA Pay Periods. Aggrieved Employees assume full responsibility and liability for any taxes owed on their Individual PAGA Payment. “PAGA Pay Period” means any Pay Period during which an Aggrieved Employee worked for Defendants for at least one day during the PAGA Period, which is October 27, 2022 through July 4, 2025.
Participating Class Members have the right to object to any of these deductions. The Court will consider all objections.
Calculation of Payments to Class Members. After all of the payments of the court-approved Attorneys’ Fees and Costs, the Class Representative Service Payments, the PAGA Penalties, and the Administration Expenses Payment are deducted from the Gross Settlement Amount, the remaining portion, the “Net Settlement Amount”, shall be distributed as Individual Class Payments to the Participating Class Members. The Net Settlement Amount is estimated to be at least $1,132,000. The Administrator will pay an Individual Class Payment from the Net Settlement Amount to each Participating Class Member. The Individual Class Payment for each Participating Class Member will be calculated by (a) dividing the Net Settlement Amount by the total number of Pay Periods worked by all Participating Class Members during the Class Period and (b) multiplying the result by each Participating Class Member’s Pay Periods. “Pay Period” means any Pay Period during which a Class Member worked for Defendants for at least one day during the Class Period. The number of Pay Periods will be based on Defendants’ records; however, Class Members may challenge the number of Pay Periods as explained below.
If the Settlement is approved by the Court and you do not exclude yourself, you will automatically be mailed a check for your Individual Class Payment to the same address as th Class Notice. You do not have to do anything to receive a payment. If your address has changed, you must contact the Administrator to inform them of your correct address to ensure you receive your payment.
Tax Matters. Forty Percent (40%) of each Participating Class Member’s Individual Class Payment is in settlement of wage claims (the “Wage Portion”). Accordingly, the Wage Portion is subject to wage withholdings, and shall be reported on IRS Form W-2. Sixty Percent (60%) of each Participating Class Member’s Individual Class Payment is in settlement of claims for non-wages, expense reimbursement, interest and penalties allegedly due to employees (collectively the “Non-Wage Portion”). The Non-Wage Portion and any Individual PAGA Payment shall not be subject to wage withholdings and shall be reported on IRS Form 1099. The employee portion of all applicable income and payroll taxes will be the responsibility of the Participating Class Members. Neither Class Counsel nor Defendants’ Counsel intend anything contained in this Class Notice to constitute advice regarding taxes or taxability. The tax issues for each Participating Class Member are unique to him/her, and each Participating Class Member may wish to consult a tax advisor concerning the tax consequences of the payments received under the Settlement.
Conditions of Settlement. This Settlement and your receipt of the Individual Class Payment is conditioned upon the Court entering an order granting final approval of the Settlement and entering judgment.
The Proposed Settlement Will be Void if the Court Denies Final Approval. It is possible the Court will decline to grant Final Approval of the Settlement or decline to enter a Judgment. It is also possible the Court will enter a Judgment that is reversed on appeal. Plaintiffs and Defendants have agreed that, in either case, the Settlement will be void: Defendants will not pay any money and Class Members will not release any claims against Defendants.
Need to Promptly Cash Payment Checks. The front of every check issued will show the date when the check expires (the void date). If you don’t cash it by the void date, your check will be automatically cancelled, and the funds represented by such checks will be transmitted to the California Controller’s Unclaimed Property Fund in the name of the individual who failed to cash their check.
Administrator. The Court has appointed a neutral company, Atticus Administration. (the “Administrator”), to send this Notice, calculate and make payments, and process Class Members’ Requests for Exclusion. The Administrator will also decide Class Member challenges over Pay Periods, mail and re-mail settlement checks and tax forms, and perform other tasks necessary to administer the Settlement.
Released Class Claims. Effective on the date when Defendants fully fund the entire Gross Settlement Amount and funds all employer payroll taxes owed on the Wage Portion of the Individual Class Payments, Plaintiffs and all Participating Class Members, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, release Released Parties from the Released Class Claims. The “Released Class Claims” are any and all claims that were alleged, or reasonably could have been alleged, based on the facts and/or theories alleged in the Operative Complaint filed in the Action, as amended, and/or PAGA Notice, as amended, which occurred during the Class Period during employment in a non-exempt position in California. The Released Class Claims are all claims that were alleged, or reasonably could have been alleged, based on the facts stated in the Operative Complaint which occurred during the Class Period during employment in a non-exempt position in California, and expressly excluding all other claims including claims for vested benefits, violation of the Fair Employment and Housing Act, unemployment insurance, disability, social security, workers’ compensation, and California class claims outside of the Class Period. For the avoidance of doubt, this release extends to all claims that occurred during the Class Period that Defendants failed to pay minimum, straight, and overtime wages for all time worked; failed to properly calculate the regular rate of pay; failed to provide compliant meal periods or pay meal premium payments when compliant meal periods were not provided; failed to provide compliant rest breaks or pay rest premium payments when compliant rest breaks were not provided; failed to provide accurate, itemized wage statements; failed to timely pay all wages owed every pay period and upon separation of employment; failed to reimburse employees all reasonable and necessary business expenses; failed to pay reporting time premium wages; failed to pay all sick pay wages; failed to provide suitable seating; failed to maintain complete and accurate employment records; engaged in unlawful business practices; and for alleged violations of Labor Code §§ 201, 202, 203, 204 et seq., 210, 218, 221, 226, 226.7, 227.3, 233, 246, 246.5, 510, 512, 558, 1194, 1197, 1197.1, 1198, 2802, Business & Professions Code § 17200, et seq., and California Code of Regulations, Title 8, Section 11040, Subdivision 5(A)-(B) and the applicable Wage Order(s).
This means that, if you do not timely and formally exclude yourself from the Settlement, you cannot sue, continue to sue, or be part of any other lawsuit against Defendants and any other Released Party about the Released Class Claims resolved by this Settlement. It also means that all of the Court’s orders in the Action will apply to you and legally bind you.
Released PAGA Claims. Effective on the date when Defendants fully fund the entire Gross Settlement Amount and funds all employer payroll taxes owed on the Wage Portion of the Individual Class Payments, Plaintiffs, all Aggrieved Employees and the LWDA are deemed to release, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, the Released Parties from the Released PAGA Claims. The “Released PAGA Claims” are all claims for PAGA penalties that were alleged, or reasonably could have been alleged, based on the facts stated in the Operative Complaint and the PAGA Notices, which occurred during the PAGA Period during employment in a non-exempt position in California, and expressly excluding all other claims including claims for vested benefits, violation of the Fair Employment and Housing Act, unemployment insurance, disability, social security, workers’ compensation, and PAGA claims outside of the PAGA period. For the avoidance of doubt, this release extends to all claims for civil penalties under PAGA that occurred during the PAGA Period based on the allegations that Defendants failed to pay minimum, straight, and overtime wages for all time worked; failed to properly calculate the regular rate of pay; failed to provide compliant meal periods or pay meal premium payments when compliant meal periods were not provided; failed to provide compliant rest breaks or pay rest premium payments when compliant rest breaks were not provided; failed to provide accurate, itemized wage statements; failed to timely pay all wages owed every pay period and upon separation of employment; failed to reimburse employees all reasonable and necessary business expenses; failed to pay reporting time premium wages; failed to pay all sick pay wages; failed to provide suitable seating; failed to maintain complete and accurate employment records; engaged in unlawful business practices; and for alleged violations of Labor Code §§ 201, 202, 203, 204 et seq., 210, 218, 221, 226, 226.7, 227.3, 233, 246, 246.5, 510, 512, 558, 1194, 1197, 1197.1, 1198, 2802, California Code of Regulations, Title 8, Section 11040, Subdivision 5(A)-(B) and the applicable Wage Order(s). Released PAGA Claims only release claims for civil penalties under PAGA as specified above. Released PAGA Claims do not include individual wage-and-hour claims held by private plaintiffs, including Aggrieved Employees in their individual capacities, for alleged unpaid wages, statutory penalties, liquidated damages, attorney fees, and costs
Released Parties. The Released Parties are: Defendants and each of their former and present directors, officers, shareholders, owners, attorneys, insurers, predecessors, successors, assigns and subsidiaries.
Individual Class Payments. The Administrator will calculate Individual Class Payments by (a) dividing the Net Settlement Amount by the total number of Pay Periods worked by all Participating Class Members during the Class Period and (b) multiplying the result by each Participating Class Member’s Pay Periods.
Your mailed notice included your estimated individual Class payment. If you wish to challenge the information set forth in your Notice, then you must submit a written, signed dispute challenging the information along with supporting documents, to the Administrator at the address provided in the Class Notice no later than the Response Deadline, which is July 21, 2026. You may also fax the dispute to 888-326-6411 or email the dispute to [email protected] by no later than the Response Deadline. Any dispute should include credible written evidence and will be resolved by the Administrator.
You need to support your challenge by sending copies of pay stubs or other records. The Administrator will accept Defendants’ calculation of Pay Periods based on Defendants’ records as accurate unless you send copies of records containing contrary information. You should send copies rather than originals because the documents will not be returned to you. The Administrator will resolve Pay Period challenges based on your submission and on input from Class Counsel (who will advocate on behalf of Participating Class Members) and Defendants’ Counsel. The Administrator’s decision is final. You can’t appeal or otherwise challenge its final decision.
To get money from the Settlement, you do not have to do anything. A check for your Individual Class Payment will be mailed automatically to the same address as the Class Notice.
The Administrator will send, by U.S. mail, a single check to every Participating Class Member (i.e., every Class Member who doesn’t opt-out) including those who also qualify as Aggrieved Employees. The single check will combine the Individual Class Payment and the Individual PAGA Payment.
The Administrator will send, by U.S. mail, a single Individual PAGA Payment check to every Aggrieved Employee who opts out of the Class Settlement (i.e., every Non-Participating Class Member).
Your check will be sent to the same address as the Class Notice. If you change your address, be sure to notify the Administrator as soon as possible.
If you do not wish to participate in the Settlement, you may exclude yourself from the Class portion of the Settlement or “opt-out.” If you opt-out, you will not receive an Individual Class Payment from the Settlement, and you will not be bound by its terms, which means you will retain the right to sue Defendants for the Released Class Claims. However, Aggrieved Employees who opt-out will still be paid their allocation of the PAGA Penalties and will remain bound by the release of the Released PAGA Claims regardless of whether they submit a request for exclusion. The PAGA Penalties amount is $50,000.00, of which $12,500.00 will be distributed to the Aggrieved Employees to be allocated based on their respective PAGA Pay Periods. Your share of the PAGA Penalties, if any, is set forth in Section 5 above.
To opt-out, you must submit to the Administrator a written, signed and dated request to opt-out postmarked no later than the Response Deadline which is July 21, 2026. You may also fax your request to opt-out to 888-326-6411 or email the request to opt-out to [email protected] by no later than the Response Deadline. The request to opt-out should state in substance that you wish to be excluded from the class settlement in the Weitz v. Banana Republic, LLC lawsuit. The request to opt-out should state the Class Member’s full name, address and email address or telephone number. Please include the name and number of the case, which is Weitz v. Banana Republic, LLC, Case No. 23STCV19287. The request to opt-out must be completed and signed by you. No other person may opt-out for a living member of the Class.
The address for the Administrator is Weitz v. Banana Republic Settlement, c/o Atticus Administration, PO Box 64053, St. Paul, MN 55164. Written requests for exclusion that are postmarked after July 21, 2026, or are incomplete or unsigned will be rejected, and those Class Members will remain bound by the Settlement and the release described above.
Only Participating Class Members have the right to object to the Settlement. Before deciding whether to object, you may wish to see what Plaintiffs and Defendants are asking the Court to approve. On or before September 28, 2026, Class Counsel and Plaintiffs will file in Court a Motion for Final Approval that includes, among other things, the reasons why the proposed Settlement is fair, and stating (i) the amount Class Counsel is requesting for attorneys’ fees and litigation expenses; and (ii) the amount Plaintiffs are requesting as Class Representative Service Payments. Upon reasonable request, Class Counsel (whose contact information is below) will send you copies of these documents at no cost to you. You can also view them on Class Counsel’s website at www.bamlawca.com under “Class Notices” for Weitz v. Banana Republic, LLC or on the Court’s website (http://www.lacourt.org/casesummary/ui/index.aspx?casetype=civil) and entering the Case No. 23STCV19287.
A Participating Class Member who disagrees with any aspect of the Agreement and/or the Motion for Final Approval may wish to object, for example, that the proposed Settlement is unfair, or that the amounts requested by Class Counsel or Plaintiffs are too high or too low. The Response Deadline for sending written objections to the Administrator is July 21, 2026. You may also fax your objection to 888-326-6411 or email your objection [email protected] by no later than this Response Deadline. Be sure to tell the Administrator what you object to, why you object, and any facts that support your objection. Make sure you identify the Action, Weitz v. Banana Republic, LLC, Case No. 23STCV19287, and include your name, current address, email or telephone number, and approximate dates of employment for Defendants and sign the objection. The Administrator’s contact information is as follows:
Administrator:
Name of Company: Atticus Administration
Email Address: [email protected]
Mailing Address: PO Box 64053, St. Paul, MN 55164
Telephone Number: 800-282-9601
Fax Number: 888-326-6411
Settlement Website: www.WeitzBRSettlement.com
Alternatively, a Participating Class Member can object (or personally retain a lawyer to object at your own cost) by attending the Final Approval Hearing. You (or your attorney) should be ready to tell the Court what you object to, why you object, and any facts that support your objection. You also have the option to appear at the hearing by audio or video. Instructions on how to do so are available on the Court’s website at https://www.lacourt.org/lacc/. Check the Court’s website for the most current information. See Section 9 of the Notice (immediately below) for specifics regarding the Final Approval Hearing
The addresses for Parties’ counsel are as follows:
CLASS COUNSEL
Kyle Nordrehaug
Blumenthal Nordrehaug Bhowmik DeBlouw LLP
2255 Calle Clara
La Jolla, CA 9203
Tel: (858) 551-1223
Fax: (858) 551-1232
E-Mail: [email protected]
COUNSEL FOR DEFENDANTS:
Jessica R. Perry
Katie E. Briscoe
Scott Morrison
Zoe B. Russell
Orrick, Herrington & Sutcliff, LLP
1000 Marsh Road
Menlo Park, CA 94025-1015
Larry W. Lee
Mai Tulyathan
Diversity Law Group, APC
515 S. Figueroa Street, Suite 1250
Los Angeles, CA 90071
Tel: (213) 488-6555
Fax: (213) 488-6554
E-mail: l[email protected]
[email protected]
You can, but don’t have to, attend the Final Approval Hearing at 10:00 a.m. (Pacific Standard Time) on November 9, 2026, in Department 11 of the Superior Court of California, County of Los Angeles, Spring Street Courthouse, 312 North Spring Street, Los Angeles, California 90012, before Judge Bruce Iwasaki. At this hearing the Court will consider whether the Settlement is fair, reasonable, and adequate. The purpose of this hearing is for the Court to determine whether to grant final approval to the Settlement and to fix the amounts to be paid as attorneys’ fees and costs to Class Counsel and as a service payment to Plaintiffs. If there are objections, the Court will consider them. You are not required to attend the Final Approval Hearing, although any Class Member is welcome to attend the hearing remotely using the Court Connect procedure at https://www.lacourt.org/lacc/. You may also appear in person. Check the Court’s website for the most current information on appearing in Court.
It’s possible the Court will reschedule the Final Approval Hearing. If the hearing is continued, notice will be posted on Class Counsel’s website at www.bamlawca.com under “Class Notices” for Weitz v. Banana Republic, LLC. In addition, hearing dates are posted on the Internet via the Case Access page for the Los Angeles County Superior Court (http://www.lacourt.org/casesummary/ui/index.aspx?casetype=civil) and entering the Case No. 23STCV19287.
You may call the Administrator at 800-282-9601 or write to Weitz v. Banana Republic, LLC Administrator, c/o Atticus Administration, PO Box 64053, St. Paul, MN 55164.
The Class Notice summarizes the proposed settlement. More details are in the Settlement Agreement. You may receive a copy of the Settlement Agreement, the Judgment, the Motion for Final Approval or other Settlement documents by going to Class Counsel’s website at www.bamlawca.com under “Class Notices” for Weitz v. Banana Republic, LLC. You may get more details by examining the Court’s file on the Internet via the Case Access page for the California Superior Court for the County of Los Angeles (http://www.lacourt.org/casesummary/ui/index.aspx?casetype=civil) and entering the Case No. 23STCV19287. If you wish to view the Court files in person, you are encouraged to make an appointment with the Clerk’s Office at the Stanley Mosk Courthouse by calling (213) 830-0800.
PLEASE DO NOT CALL THE COURT ABOUT THE NOTICE.
IMPORTANT:
- What if Your Address Changes – To receive your check, you should immediately notify the Administrator if you move or otherwise change your mailing address.
- What if You Fail to Cash a Check – Settlement checks will be null and void 180 days after issuance if not deposited or cashed, and this expiration date is printed on the check. In such events, the Administrator shall direct all unclaimed funds to be paid to the California Controller’s Unclaimed Property Fund in the name of and for the benefit of the individual who did not cash their check. The funds may be claimed at https://www.sco.ca.gov/upd_msg.html.
- What if You Lose Your Check – If you lose or misplace your settlement check before cashing it, the Administrator will replace it as long as you request a replacement before the void date on the face of the original check. If your check is already void you should consult the Unclaimed Property Fund website for instructions on how to retrieve the funds.