Wal-Mart Class Action: If you are or were employed by WAL-MART in Washington State, a class action lawsuit may affect your rights.

Barnett, et al. v. Wal-Mart Stores, Inc. et al.
King County Superior Court Cause No. 01-2-24553-8 SEA

You may be affected by a class action lawsuit over whether Wal-Mart hourly employees received proper breaks and were paid for all the time they actually worked.

The lawsuit is called Barnett v. Wal-Mart Stores, Inc., Case No. 01-2-24553-8 SEA, and is in the King County (Washington) Superior Court. The Court decided this lawsuit should be a class action on behalf of a ?Class,? or group of people, that could include you. This notice summarizes your rights and options before a trial takes place. If you?re included, you have to decide whether to stay in the Class, or ask to be excluded. There is no money available for you at this time from the lawsuit and no guarantee that there ever will be.

ARE YOU AFFECTED?

The Class includes current and former hourly employees who are or were employed by Wal-Mart (including Wal-Mart Stores, Supercenters, and Sam's Clubs) in the state of Washington at any time from September 10, 1997 through the present, who worked off the clock without compensation and/or worked through any part of a rest or meal break. Those who worked at Wal-Mart in a salaried management position or at a distribution center are NOT included.

WHAT IS THIS CASE ABOUT?

The lawsuit claims that Wal-Mart knew its hourly employees were not being paid for all hours worked, either because Wal-Mart permitted work to be performed off the clock, because employees were not permitted to take all or part of their meal and rest breaks, or because time records were either deleted or altered improperly. The lawsuit seeks a Court order requiring Wal-Mart to comply with Washington's labor laws, as well as money or benefits for the Class.

Wal-Mart denies the claims and allegations in the lawsuit. The Court has not decided whether the Class or Wal-Mart is right. The trial date is set to start September 14, 2009.

WHO REPRESENTS YOU?

The Court appointed the law firms of Tousley Brain Stephens PLLC, of Seattle, WA and Lieff Cabraser Heimann and Bernstein LLP, of San Francisco, CA, to represent the Class as "Class Counsel." Terrell Marshall & Daudt PLLC has associated into the case as co-class counsel. You don't have to pay Class Counsel, or anyone else, to participate. Instead, if Class Counsel gets money or benefits for the Class, they may ask the Court for attorneys' fees and costs, which would be paid by Wal-Mart or out of any money recovered. You may hire your own lawyer to appear in Court for you; if you do, you have to pay that lawyer. Debra Barnett, Georgie Hartwig, and Bella Blaubergs are Class members like you, and the Court accepted them as the "Class Representatives." Class Counsel can be contacted by calling 1-800-705-8543 or by email at walmart-info@tmdlegal.com.

WHO REPRESENTS WAL-MART?

Wal-Mart is represented by the law firms of Susman Godfrey LLP, of Seattle, WA and Davis Wright Tremaine LLP, of Seattle, WA. They can be contacted by email at WM_counsel@dwt.com.

WHAT ARE YOUR OPTIONS?

You have a choice of whether to stay in the Class or not, and you must decide this now. To stay in the Class, you do not have to do anything. If money or benefits are obtained, you will be notified about how to get a share. If you stay in the Class, you will be legally bound by all orders and judgments of the Court, and you won't be able to bring a separate suit against Wal-Mart for the claims alleged in this case.

If you ask to be excluded from the Class, you cannot get any money or benefits from this lawsuit if any are awarded, but you will keep any rights to sue Wal-Mart for these claims, now or in the future, and will not be bound by any orders or judgments of the Court. To ask to be excluded, fill out and send in an exclusion request postmarked by March 4, 2008.

WHAT ABOUT YOUR JOB AT WAL-MART?

Wal-Mart has agreed that store, district, and regional-level managers and employees will not be told whether you choose to stay in the Class or exclude yourself from it. Wal-Mart can't legally retaliate against you ? e.g., they can't fire you, reduce your salary, withhold pay or a bonus, or demote you ? for either staying in this lawsuit or excluding yourself from it.

HOW CAN YOU GET MORE INFORMATION?

If you have questions or want a detailed notice or other documents about this lawsuit and your rights, call Class Counsel at 1-800-705-8543, email walmart-info@tmdlegal.com, visit www.WalMartWagesWA.com, or write to: Wal-Mart Class Action, Terrell Marshall & Daudt PLLC, 3600 Fremont Avenue N., Seattle, WA 98103.