Little v. Wendy’s International, LLC
NOTICE OF WAGE/HOUR CLASS ACTION SETTLEMENT, SETTLEMENT HEARING AND CLAIMS PROCEDURE
To: Non-exempt, current and former restaurant employees of Wendy’s International, LLC (“Defendant”) employed for at least one week at one of Defendant’s corporate restaurants in Colorado from October 25, 2014 to the February 19, 2025 (“Class Members”)
The United States District Court for the District of Colorado approved this Notice to let you know that the parties have reached a settlement (the “Settlement”) in the case captioned Little v. Wendy’s International, LLC, Case No. 23-cv-03056 (the “Civil Action”). The Civil Action is a class action under Federal Rule of Civil Procedure 23. Based on information in Defendant’s records, you may be a Class Member.
THE GROSS SETTLEMENT AMOUNT IS $3,950,000.00.
Each Class Member’s individual payment amount is allocated on a pro rata basis based on the total number of weeks worked as a non-exempt employee at one of Defendant’s corporate restaurants in Colorado during the Class Period.
Please read this Notice carefully. It contains important information about your rights concerning the Settlement described below. As described more fully below, see Section 9.c., to participate in the Settlement, you must submit a properly completed Settlement Claim Form by MAY 5, 2025. If you fail to submit a timely and valid Settlement Claim Form, you will not be entitled to receive any monetary distribution from the Settlement.
If you do not want to participate in the Settlement, and do not want to be bound by the Release described in Section 9.b, as a Class Member you must exclude yourself from the Settlement Class through the Opt-Out procedure set forth below. Class Members who fail to submit a valid and timely request for exclusion shall be bound by all terms of the Settlement.
Important Deadlines:
For those Class Members that wish to receive a monetary distribution from the Settlement: You must submit a valid Settlement Claim Form by MAY 5, 2025. If you are under the age of 18, your Claim Form must be accompanied by the signature of your parent or legal guardian.
For those Class Members that wish to opt-out of the Settlement: You must submit a valid Opt-Out Letter by MAY 5, 2025. If you are under the age of 18, your Opt-Out Letter must be accompanied by the signature of your parent or legal guardian.
For those Class Members that wish to object to the Settlement: You must submit your written objection/s to the settlement by MAY 5, 2025.
An Opt-Out Letter or a Written Objection to the Settlement is considered timely if it is emailed or postmarked by the applicable deadline. If submitting an Opt-Out Letter or a Written Objection by email, it must be emailed to [email protected]. If submitting an Opt-Out Letter or a Written Objection by mail, it must be mailed via First Class United States Mail to the following address:
Wendy’s International Settlement
c/o Optime Administration, LLC
PO Box 3206
Brockton, MA 02304
Email: [email protected]
Fax: 781-287-0381
For questions or assistance completing the Settlement Claim Form or for assistance with related matters, including making a request for a prepaid envelope to submit an Opt-Out Letter or an objection to the Settlement, please contact the Administrator. For other questions about the Civil Action or Settlement, please contact the Administrator or Class Counsel (See Section 8 below for contact information).
This Notice explains the nature of the Civil Action and the terms of the Settlement and informs you of your rights and obligations. This Notice should not be understood as an expression of any opinion by the Court as to the merits of any of the claims or defenses asserted by the Parties.
1. What Is This Civil Action About?
On or about October 25, 2020, Jeffrey Little (“Plaintiff”), a former employee of Defendant, brought this Civil Action, in which he claimed that Defendant violated the Colorado Wage Claim Act, the Colorado Minimum Wage Act, and Colorado’s civil theft statute by failing to provide its nonexempt, corporate restaurant employees in Colorado all required meal and rest breaks during their shifts. Plaintiff sought recovery of compensation, liquidated damages, attorneys’ fees, and costs, along with pre- and post-judgment interest.
Defendant has denied and continues to deny any wrongdoing and denies any and all liability and damages to anyone with respect to the alleged facts or causes of action asserted in the Civil Action. To avoid the burden, expense, inconvenience, and uncertainty of continued Civil Action, however, Defendant has concluded that it is in its best interest to resolve and settle the Civil Action by entering into the Settlement.
The Civil Action is presently before Judge Cyrus Y. Chung of the United States District Court for the District of Colorado. The Court has not made any decision on the merits of Plaintiff’s claims. On February 19, 2025, the Court granted preliminary approval of the Settlement, subject to a fairness hearing which will take place on July 23, 2025, at 9:00 a.m. MT. This means that the Parties’ obligations under the Settlement Agreement, including those related to any monetary distributions, will not become binding and effective unless and until the Court enters a final order approving the Settlement Agreement and all appeals to such order (if any) have been exhausted.
2. What Is A Class Action?
A class action is a civil action in which the claims and rights of many people are decided in a single court proceeding. One or more representative plaintiffs, also known as “Plaintiffs” or “Class Representatives,” file a civil action asserting claims on behalf of themselves and the entire class.
3. What Is The Purpose Of This Notice?
The Court has ordered that this Notice be sent to you because you are a Class Member. The purpose of this Notice is to inform you of the proposed settlement and of your rights, including:
To inform you of how to claim your potential share of Settlement funds;
To inform you of your right to “opt-out” of the settlement class, and thereby preserve your ability to independently bring any claim that you might have; and
To inform you of your right to file objections to the Settlement.
4. What Are Your Options Under The Settlement?
Option 1. If you wish to remain in the Civil Action, you should not opt-out of the Settlement. If you believe you are entitled to a monetary distribution from the Settlement, you must timely complete a Settlement Claim Form, as described in Section 9.c. below. If you do not timely submit a signed Settlement Claim Form, you will still be bound by the Settlement (unless you properly opt out of the settlement class as noted below), and you will not be eligible to receive any settlement payment. If you are under the age of 18, your Claim Form must be accompanied by the signature of your parent or legal guardian.
Option 2. Opt-Out of the Settlement. As a Class Member, you have the right to opt-out of the settlement class and the Settlement. If you wish to opt-out, you must draft a letter stating “I WISH TO BE EXCLUDED FROM THE SETTLEMENT CLASS IN LITTLE V. WENDY’S INTERNATIONAL, LLC, UNITED STATES DISTRICT COURT CASE NO. 23-CV-03056, IN THE DISTRICT OF COLORADO.” The opt-out letter must be emailed to [email protected] or mailed to the Administrator, at the address listed in Section 8, via First Class United States Mail no later than MAY 5, 2025. You may contact the Administrator to request a prepaid envelope. If you submit a request for exclusion that is not emailed or postmarked by that date, your request for exclusion will be rejected. If you submit a valid and timely request for exclusion, you will be excluded from the settlement class and Settlement. You will not be eligible to object to the settlement as set forth below, and you will not be eligible to receive any settlement payment. You should not submit a Settlement Claim Form if you opt out of the settlement class, as such Settlement Claim Form will not be accepted by the Administrator. If you are under the age of 18, your Opt-Out Letter must be accompanied by the signature of your parent or legal guardian.
Option 3. Object to the Settlement. You may object to the terms of the Settlement by emailing a written statement of the objection to the Administrator at [email protected]. You may also mail a written statement of the objection to the Administrator at the address listed in Section 8. Your objection will not be heard unless it is sent to the Administrator no later than MAY 5, 2025. If you mail your objection, it must be mailed via First Class United States Mail and postmarked no later than MAY 5, 2025. You may contact the Administrator to request a prepaid envelope. The written objection must contain your name, address, telephone number, and the last four digits of your Social Security Number, and must be signed and dated. You may not object to the settlement if you opt-out as described in Option 2 above by submitting a valid and timely request for exclusion. Late objections will not be considered. You do not need to be represented by counsel to object. If you wish to present your objection at the fairness hearing, you must state your intention to do so in your written objection.
Option 4. Do nothing. You can decide to do nothing in response to this Notice. Be advised that if you choose to do nothing, you will be bound by the terms of the Settlement even though you will not receive a settlement payment. If you do not want to be bound by the Settlement, you must exclude yourself from the Settlement by sending an Opt-Out Letter to the Administrator.
5. Who Is Included In The Civil Action?
You are a Class Member if you are: a non-exempt, current or former restaurant employee of Defendant who was employed for at least one week at one of Defendant’s corporate restaurants in Colorado from October 25, 2014 to February 19, 2025.
6. Who Is Class Counsel?
The Court has approved and appointed Brian Gonzales of The Law Offices of Brian D. Gonzales, PLLC (Colo. Attorney Reg. 29775) and Alexander Hood, Hood Law Office, PLLC (Attorney Reg. 42775) to represent all members of the Class. You will not be responsible for the payment of any attorneys’ fees or case expenses out of your pocket if you elect to remain in the Civil Action and receive a settlement payment.
7. How Is Class Counsel Paid?
Class Counsel intend to request 40% of the gross settlement fund, or $1,580,000.00, for attorney’s fees and expenses. Class Counsel will file a motion for approval of this fee request on or before April 4, 2025, and that motion will be publicly available on the Court docket and the settlement website where this notice is posted.
8. Who Is The Administrator?
Optime Administration (“Optime”) is administering the settlement claims process. Settlement Claim Forms must be completed HERE. Opt-Out Letters and Written Objections must be emailed or returned to Optime at the address set forth below. Please direct questions related to the case or the Settlement to the Administrator at:
Wendy’s International Settlement
c/o Optime Administration, LLC
PO Box 3206
Brockton, MA 02304
Email: [email protected]
Fax: 781-287-0381
Phone: 844-625-7313
9. What Are The Benefits And Terms Of The Proposed Settlement?
Plaintiff and Defendant have agreed to the Settlement summarized below. The complete Settlement Agreement is available here: Important Documents. The Parties’ obligations under the Settlement Agreement will not become effective unless and until the Settlement Agreement receives final court approval, including the exhaustion of any appeals.
- What are the benefits of the settlement?
Class Members who timely and properly complete the Settlement Claim Form will be eligible to receive a payout based upon their pro rata share of the net settlement amount based on weeks worked during the class period, less payroll tax withholdings, if the Court grants final approval of the Settlement.
- What is the legal effect of participating in the settlement?
If the Court approves the Settlement, then upon the effective date of the Settlement, the Class Representative and all members of the Settlement Class who do not timely and validly Opt-Out from the Settlement as described herein (i) shall be deemed to have agreed that, except for the obligations imposed by this Settlement, Defendant and Released Parties (as defined in the Settlement Agreement) shall be forever released and discharged from all Released Claims (as defined in the Settlement Agreement) and (ii) shall be barred and enjoined from suing Defendant for any liability in any way arising out of any Released Claim. The following paragraph contains the release.
For purposes of the Settlement, “Released Claims” means all claims of any Settlement Class Members alleged against Defendant, or that could have been alleged against Defendant or Released Parties, at any point during the Class Period based on the facts alleged in the action, including but not limited to, claims under the Colorado Wage Claim Act (“CWCA”), C.R.S. §§ 8-4-101, et seq., the Colorado Minimum Wage Act (“CMWA”), C.R.S. §§ 8-6-101, et seq., as implemented by the Colorado Minimum Wage Order and/or the Colorado Overtime and Minimum Pay Standards Order, Colorado’s civil theft statute, C.R.S. § 18-4-405, and any and all claims, obligations, demands, actions, rights, causes of action and liabilities, whether known or unknown, against Released Parties for alleged unpaid wages, the provision of any breaks, including meal breaks or rest periods, liquidated or other damages, unpaid costs, penalties, interest, attorneys’ fees, litigation costs, restitution and any and all other compensation or relief of any kind arising under the CWCA and CMWA, Fair Labor Standards Act (FLSA), or any other federal, state or local wage/hour claims that are based on the facts alleged in the action.
“Released Parties” means Defendant and its previous and present parents, subsidiaries, corporate affiliates (which does not include franchises), predecessors, successors, representatives, officers, owners, investors, insurers, directors, agents, attorneys, accountants, assigns, and employees, in their personal, individual, official, and/or corporate capacities, including any party that was or could have been named as a defendant in this litigation.
- How can I receive a distribution in the settlement?
If you wish to receive a distribution from the Settlement funds, you must timely complete the Settlement Claim Form according to the instructions provided on the form. The Settlement Claim Form is available HERE. The Settlement Claim Form must be personally filled out by the current or former employee who seeks to participate in the Settlement. If you are under 18 years of age, the signature of your parent or legal guardian must also accompany the Claim Form.
The Settlement Claim Form must be properly completed, signed, and submitted by MAY 5, 2025. If you do not properly complete and timely submit the Settlement Claim Form by MAY 5, 2025, you will not be eligible to receive any monetary distribution. You should NOT complete the Settlement Claim Form if you send in an opt-out letter. If you submit an opt-out letter, you will not be eligible to receive your potential share of the settlement and will not be bound by the terms of the Settlement.
- What additional benefits will the named Plaintiff, Jeffrey Little, receive?
In addition to his share of the settlement fund as a member of the Class, Mr. Little intends to request that an additional $30,000.00 service award be deducted from the settlement fund and paid to him for his service to the Class in pursuing this litigation and reaching his Settlement.
10. When Is The Fairness Hearing To Approve The Settlement?
The Court has granted preliminary approval of the proposed Settlement, concluding preliminarily that the Settlement is fair, adequate, and reasonable and that the proposed distribution of the Settlement amount is fair, adequate, and reasonable. A hearing will be held to determine whether final approval of the Settlement should be granted. At the hearing, the Court will hear objections, if any, and arguments concerning the fairness of the proposed Settlement. The hearing will take place before Judge Cyrus Y. Chung on July 23, 2025, at 9:00 a.m. MT or as soon thereafter as practicable, in the United States District Court for the District of Colorado, 901 19th St, Denver, CO 80294. The Court will also consider Class Counsel’s application for fees and costs and the Class Representative Enhancement payment sought by Plaintiff. The time and date of this hearing may be continued or adjourned, so please contact the Administrator prior to the date of the hearing if you plan to attend.
YOU ARE NOT OBLIGATED TO ATTEND THIS HEARING. YOU MAY ATTEND THE HEARING IF YOU PLAN TO OBJECT TO THE SETTLEMENT. YOU MAY ALSO RETAIN YOUR OWN ATTORNEY TO REPRESENT YOU IN YOUR OBJECTIONS. IF YOU WISH TO ATTEND THE HEARING, YOU MUST SUBMIT A TIMELY WRITTEN OBJECTION AS DESCRIBED IN SECTION 4 AND MUST STATE IN WRITING YOUR INTENTION TO APPEAR AT THE FAIRNESS HEARING.
11. How Can You Examine Court Records?
The foregoing description of the case is general and does not cover all of the issues and proceedings thus far. In order to see the complete file, including a copy of the Settlement Agreement, you should contact the Administrator, review the settlement website, or review the case docket.
12. What If You Have Questions?
If you have questions about this Notice, or want additional information, you can contact the Administrator using the information listed in Section 8 above.
Dated: March 21, 2025.
This Notice is sent to you by Order of the United States District Court for the District of Colorado. Please do not contact the Court directly.