If between March 15, 2017 and March 15, 2020 you were an employee of Circle K Stores Inc. ("Circle K") in the state of Colorado you may be entitled to receive money.
A copy of the generalized notice can be found below:
What Is This Class Action About?
Reynaldo Suaverdez v. Circle K Stores Inc., is a class action lawsuit filed in the United States District Court for the District of Colorado. This action involves a class of current and former non-exempt employees of Circle K stores in Colorado. The action seeks unpaid meal and rest break payments on behalf of these individuals. Circle K and its owners and managers deny any wrongdoing or liability. The settlement is an effort by both sides to avoid costly litigation. The Court has not decided who is right.
Who Is Included?
All individuals who worked as non-exempt store employees of Circle K Stores Inc. in Colorado between March 15, 2017 and March 15, 2020. If you received a Notice it is because you are a member of the Settlement Class (“Settlement Class Member”).
What Benefits Are Available?
If you remain in the Settlement Class and do not exclude yourself you will receive a settlement payment. You will be legally bound by all orders and judgments entered by the Court, and will not be able to sue Circle K in any lawsuit relating to pay for alleged meal and rest breaks before March 15, 2020.
The Gross Settlement Amount is $3,500,000. This is the maximum amount that Circle K is obligated to pay under the settlement. This amount consists of (i) attorney’s fees and litigation costs, (ii) reasonable attorney’s expenses incurred (iii) the named plaintiff's service award, (iv) settlement administration costs, (v) compensation for Settlement Class Members who do not exclude themselves from the settlement, and (vi) the employer portion of payroll taxes and withholdings.
An employee's individual payment amount will be allocated on a pro rata basis based on the total number of workweeks worked multiplied by their average number of hours worked per week (“Qualifying Hours”) as a non-exempt employee in a Colorado Circle K store between March 30, 2016 and March 15, 2020, as well as their average hourly rate of pay. This calculation method is subject to change based on the final ruling of the Court.
If you believe this number of Qualifying Hours listed in your individualized Notice is incorrect, you must send a letter to the Settlement Administrator, postmarked on or before December 24, 2021 indicating what you believe to be the correct number of Qualifying Hours. You must also send any documents or other information that support your belief.