Frequently Asked Questions

1. Who is covered by the settlement?

The United States District Court for the District of New Jersey (“the Court”) presides over this lawsuit, which was filed in by Sam Hargrove, Andre Hall, and Marco Eusebio, and later joined by Henderson Clarke, Manuel Estrada, Wilfredo Rosario, Francisco Bautista, Alejandro Serrano, Julio Castillo, Aldrin Cevallos, Dante Gomez, Dimitri Celik, Gregorio Diaz, Javier Duque, Juan Brito, Keiron Ottley, Michael Simpson, Richard Tousett, and Ucha Barbakadze (“Plaintiffs”) against Sleepy’s LLC (“Sleepy’s”).

The lawsuit is proceeding as a “class action” on behalf of the following group of individuals who: 1) entered into an Independent Driver Agreement (or similar agreement) with Sleepy’s directly or through a business entity; 2) personally provided delivery services for Sleepy’s on a full-time basis (i.e., more than 30 hours a week) out of Sleepy's Robbinsville, New Jersey facility; 3) operated only one truck for either all of their time while working at Sleepy’s or for at least six months; and 4) who were classified as independent contractors at any time from January 1, 2004 to December 31, 2016.

The approximately 120 people described above are called “Class Members.” You are a Class Member.

Because the lawsuit has been settled, you are entitled to a settlement payment if the Judge approves the settlement as fair and reasonable. Your individual settlement payment amount is described in Section 4.

Please continue reading to learn more about the lawsuit, the settlement, and your options.

2. What is alleged in the lawsuit?

In the lawsuit, Plaintiffs claim that they and other Class Members were misclassified as independent contractors rather than employees of Sleepy’s under New Jersey law. Plaintiffs claim that, as a result, they and other Class Members are entitled to recover deductions taken from their pay by Sleepy’s and to be paid for overtime for weeks where they worked over 40 hours performing deliveries for Sleepy’s.

Sleepy’s denies any wrongdoing. Sleepy’s contends that Plaintiffs and the Class Members have been properly classified as non-employees and that Sleepy’s obeyed the law.

3. Why is there a settlement?

The settlement is a compromise. It allows both sides to avoid the costs, delays, and risks of further litigation and provides reasonable compensation to Plaintiffs and other Class Members. Further litigation could have resulted in reduced or even no damages being awarded to Plaintiffs and the other Class Members.

In reaching this settlement, Sleepy’s denies that it violated any laws, and continues to assert that its pay practices were legal.

4. How much money will I recover under the settlement?

The Judge will decide whether the settlement should be approved as fair and reasonable. If the Judge approves the settlement, Sleepy’s will make a total settlement payment of $4,500,000. If the Judge approves the requested legal fees, expenses, administration costs, and service awards, a total of approximately $2,425,000 will be available to the 120 Class Members (“Net Allocation Fund”).

Class Members’ individual settlement payments are determined as follows:

• Every Class Member who does not exclude themselves from the Settlement will receive a base payment of $1,000.

• In addition to the $1,000 payment, every Class Member who does not opt out of the settlement will receive a proportionate share of the Net Settlement Fund based on the number of weeks that each Class Member performed deliveries for Sleepy’s between January 1, 2004 and December 31, 2016.

An estimate of your individual settlement payment was included in the Notice that was sent to you. Your actual amount will be calculated based on the number of individuals who do not opt out of the settlement and may exceed this amount.

If you receive a payment, you will receive an IRS 1099 Form.

Please remember that the above settlement payments will be made only if the Judge approves the settlement as fair and reasonable.

If you have any questions about the determination of your payment amount, please call the Settlement Administrator listed in Section 9.

5. How can I receive a settlement payment?

If the Court approves the Settlement, you will automatically be entitled to receive a Settlement Award.

But this case is over 13 years old, to ensure that you receive your settlement share PLEASE CONFIRM OR UPDATE YOUR CONTACT INFORMATION BY RETURNING THE CONTACT FORM OR BY CALLING OR EMAILING THE SETTLEMENT ADMINISTRATOR AT: Hargrove v. Sleepy’s LLC Settlement Administrator, c/o Simpluris, P.O. Box 26170, Santa Ana, CA 92799.

6. What do I give up by receiving a settlement payment?

If you do not exclude yourself from the settlement by following the procedures in Section 7, you will release and forever discharge Sleepy’s (as well as its past and present parents, subsidiaries, affiliates and joint venturers and each of their past and present directors, officers, agents, employees, lawyers, benefit plans and plan administrators, and each of their successors and assigns) from all known and unknown claims and, demands, and causes of action that were asserted at any time, or that could have been asserted, in the lawsuit. These claims include, but are not limited to, claims for overtime compensation, straight time, and minimum wages; liquidated damages, penalties, interest, fees/costs, and any other relief otherwise available under the New Jersey Wage and Hour Law (“WHL”) and New Jersey Wage Payment Law (“WPL”); any claims, demands, and causes of action seeking relief otherwise available under the WHL and WPL; any claims, demands, and causes of action that could have been asserted in the lawsuit based upon the facts alleged in the operative complaint, including any state/local laws and regulations and common law theories under New Jersey law, including wage payment/deduction and notice claims such as under the WHL and WPL between January 1, 2005 through December 31, 2016.

If you have any questions about this release, please call the law firms listed in Section 9.

7. How do I exclude myself from this settlement?

If you do not want to participate in the settlement, then you must take steps to exclude yourself.

To exclude yourself, you must prepare a note or letter simply stating: “I wish to be excluded from the settlement of the Sleepy’s New Jersey Wage Lawsuit.” The letter or note may be typed or handwritten. Be sure to include your signature, printed full name, address, email address, and phone number. To be valid, your exclusion request must be postmarked no later than April 22, 2024, and must be mailed to: Hargrove v. Sleepy’s LLC Settlement Administrator, c/o Simpluris, P.O. Box 26170, Santa Ana, CA 92799.

If you exclude yourself from the settlement, you will not receive any monetary payment, you will not be legally bound by the settlement, and you will not waive or release any legal claims against Sleepy’s.

8. How do I object to the settlement?

You can object to the settlement if you believe it is unfair or should not be approved. The Judge will consider your objection in deciding whether to approve the settlement. You may not object to the settlement if you exclude yourself from the settlement.

To object to the settlement, you must prepare a letter stating that you “object” to the settlement in the Sleepy’s New Jersey Wage Lawsuit. The letter may be typed or handwritten. Be sure to include your signature, printed full name, address, email address, and telephone number. You may (but are not required to) consult with or retain an attorney to assist you in drafting the objection. If you are not being assisted by an attorney, simply do your best to describe the reasons why you object to the settlement.

To be valid, your objection must be postmarked no later than April 22, 2024, and must be mailed to: Hargrove v. Sleepy’s LLC Settlement Administrator, c/o Simpluris, P.O. Box 26170, Santa Ana, CA 92799.

9. Do I have a lawyer?

Plaintiffs and other individuals who do not exclude themselves from the settlement are represented by the following firms: Lichten & Liss-Riordan, P.C., and Marchetti Law, P.C. Lawyers and/or representatives from these firms will answer your questions about the lawsuit and settlement free of charge and in strict confidence.

If you have questions or seek more information, please call 617-994-5800 and identify yourself as a “Class Member” in the “Sleepy’s New Jersey Wage Lawsuit.” The firm will direct you to someone who can answer your questions or provide you with additional information.

10. How do the lawyers get paid and do Plaintiffs get any extra money?

You will not pay any legal fees or expenses out of your individual settlement payment described in Section 4. Rather, the above firms will ask the Judge to award them $1.8 million (which equals approximately 40% of the total settlement fund) plus costs spent to prosecute the litigation in the amount not to exceed $200,000. The lawyers will also ask the Judge to award the three original named Plaintiffs an additional $80,000 in exchange for their general release of claims and service to the class. The Court has not yet decided whether it will approve the requested fees, expenses, and service award payment.

11. When and where will the Judge decide whether to approve the settlement?

The Judge will hold a hearing to decide whether to approve the settlement. You are not required or expected to attend that hearing. However, you certainly are welcome to attend.

During the hearing, the Judge will consider whether the payments to the Class Members are fair and reasonable and deserve to be approved. The Judge also will consider the fairness and reasonableness of the requested legal fees/expenses and service award. In making this decision, the Judge will consider any written objections to the settlement and will hear from any individuals (or their legal representatives) who wish to be heard.

The hearing will take place on May 14, 2024 at 11:00 a.m. before Judge Peter G. Sheridan at the United States District Court for the District of New Jersey located at the Clarkson S. Fisher Courthouse, 402 East State Street Trenton, New Jersey 08608. The Court may change the hearing date/time without further notice.

12. How do I obtain more information?

The Notice summarizes the most important aspects of the proposed settlement. You can obtain further information by calling the law firm listed in Section 9.

You may also contact the Settlement Administrator at:

or claims@llrlaw.com