Plaintiff Kristine Stufflebeam filed this class and collective action before the United States District Court for the Northern District of Illinois (the “Lawsuit”) alleging that The Loft failed to include Plaintiff’s and Settlement Class Members’ non-discretionary bonuses, including Extra Shift pay, in the calculation of their regular rate of pay, which resulted in unpaid overtime wages in violation of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§ 201, et seq., the Illinois Minimum Wage Law (“IMWL”), and the Illinois Wage Payment and Collection Act (“IWPCA”). The Parties agreed to settle this dispute for back wages for the purpose of avoiding further litigation with its attendant risk, expense, and inconvenience. The Court has not issued a ruling on the merits of the Lawsuit.

Under the terms of the Settlement Agreement, The Loft has agreed to pay Two Hundred and Five Thousand Dollars ($205,000.00) (the “Gross Settlement Amount”) to settle the claims for unpaid overtime arising from the issue described above.

Deductions from this amount will be made for (a) Class Counsel’s attorneys’ fees in an amount of up to one-third (1/3) of the Gross Settlement Amount, plus their reasonable expenses incurred;  (b) the Settlement Administrator’s reasonable fees and costs, not to exceed $10,000.00; and (c) a Service Award for the Named Plaintiff totaling $5,000.00. All of these amounts are subject to approval by the Court in the Final Approval Order. After subtracting these amounts, the balance of the funds (the “Net Settlement Amount”) will be divided by the Settlement Administrator among all Eligible Class Members, who will each automatically receive a pro rata Settlement Award based upon the amount of their unpaid overtime damages, as set forth in the payroll and related data produced by The Loft. The minimum Settlement Award each Eligible Class Member will receive is $10.00.

Sixty percent (60%) of each payment from the Net Settlement Amount will be allocated to back wages and forty percent (40%) will be allocated to liquidated damages. The Settlement Administrator will issue an IRS Form W-2 for 60% of the payment and an IRS Form 1099 for the other 40% of the payment. Neither the Settlement Administrator nor the Parties can provide tax advice. You should contact your accountant or tax related advisors for any questions about taxes you may owe on these amounts.

It is your responsibility to keep a current address on file with the Settlement Administrator to ensure receipt of your Settlement Award from the Settlement Administrator. If you fail to keep your address current, you may not receive your Settlement Award.

If the Court grants final approval of the Settlement, the Lawsuit will be dismissed with prejudice against Defendants, and each Eligible Class Member will release and discharge Releasees from any and all claims for damages or penalties asserted in the Complaint that are available under the wage and hour laws of the State of Illinois, including but not limited to claims for attorneys’ fees, costs, and expenses, liquidated damages, punitive damages, civil penalties, equitable remedies, and/or pre- or post-judgment interest arising from the alleged failure to include certain bonuses (including but not limited to extra shift bonuses) in the regular rate of pay for purposes of calculating overtime for the time period from June 3, 2020 and May 31, 2023. Eligible Class Members will only release their wage claims asserted in the Complaint under the FLSA upon signing, cashing, depositing, or negotiating their Settlement Award check.

The term Releasees includes Defendants and their present and former parent companies, subsidiaries, affiliates, divisions, and joint ventures, and all of its and their past and present shareholders, officers, directors, employees, agents, servants, owners, members, managers, investors, executors, consultants, administrators, general partners, limited partners, real or alleged alter egos, predecessors, successors, transferees, assigns, registered representatives, attorneys, insurers, re-insurers, partners, profit sharing, savings, health and other employee benefit plans of any nature, the successors of such plans and those plans’ respective trustees, administrators, agents, employees, attorneys, fiduciaries, and other persons acting on its or their behalf, and each of them, and the predecessors and successors, assigns and legal representatives of all such entities and individuals.

• Do Nothing: If you do nothing and the Court grants final approval to the Settlement, you will automatically receive your Settlement Award. You will release your FLSA claims if you cash or deposit your Settlement Award.
• Opt-Out: If you do not wish to be bound by the class action release above with respect to the state law claims, you must submit a written exclusion from the Settlement (“opt-out”), which must contain your full name, address, telephone number, email address (if applicable), and last four digits of your social security number, and must be signed individually by you. No opt-out request may be made on behalf of a group. The opt-out request must be sent by mail to the Settlement Administrator at Loft Wage & Hour Settlement, c/o Analytics Consulting LLC, PO Box 2002, Chanhassen MN 55317-2002 postmarked by April 26, 2024. Any person who requests exclusion (opts out) of the settlement will not be entitled to any Settlement Award and will not be bound by the Settlement Agreement or have any right to object, appeal, or comment thereon.
• Object: If you wish to object to the Settlement, you must submit a written statement objecting to the Settlement. The statement must state the factual and legal grounds for your objection to the Settlement. Your objection must state your full name, address, telephone number, and email address (if applicable), and must be signed by you. Any objection must be mailed to:

Alexandra K. Piazza
BERGER MONTAGUE PC
1818 Market St., Suite 3600
Philadelphia, PA 19103

Stephanie F. Jones
GORDON REES SCULLY
MANSUKHANI, LLP
1 N. Franklin St., Suite 800
Chicago, IL 60606

If you submit a written objection, you may also, if you wish, appear at the Final Approval Hearing to discuss your objection with the Court and the Parties to the Lawsuit. Your written objection must state whether you will attend the Final Approval Hearing, and your written notice of your intention to appear at the Final Approval Hearing must be filed with the Court and served upon Class Counsel and Defendants’ Counsel on or before the Notice Deadline, April 26, 2024. To be heard at the Final Approval Hearing you must also not have opted out of the Settlement. If you wish to object to the Settlement but fail to return your timely written objection in the manner specified above, you shall be deemed to have waived any objection and shall be foreclosed from making any objection (whether by appeal or otherwise) to the Settlement. The postmark date of mailing to Class Counsel and Defendants’ Counsel shall be the exclusive means for determining that an objection is timely mailed to counsel. Objections shall only be considered if the Settlement Class Member has not opted out of the Settlement.

No. Your participation in this Settlement will in no way affect your work or employment with Defendants. It is unlawful and a violation of federal law for Defendants to take any adverse action against you as a result of your participation in this Settlement. In fact, Defendants encourage you to participate in this Settlement.

You do not have to pay the attorneys who represent the Settlement Class Members. The Settlement Agreement provides that Class Counsel will request attorneys’ fees of up to one-third (1/3) of the Gross Settlement Amount, plus reimbursement for their reasonable expenses incurred. Class Counsel will file a Motion for Attorneys’ Fees and Costs with the Court on April 12, 2024, two weeks prior to the Notice Deadline, which the Court will consider at the Final Approval Hearing.

IF YOU NEED MORE INFORMATION OR HAVE ANY QUESTIONS, you may contact the Settlement Administrator using the information below or Class Counsel listed above. Please refer to the Loft Wage & Hour Settlement.

The Loft Wage & Hour Settlement Administrator
c/o Analytics Consulting LLC
PO Box 2002
Chanhassen, MN 55317-2002
Email: LoftWageSettlement@noticeadministrator.com
Phone: (877) 909-9704

This Notice is only a summary. For more detailed information, you may review the Settlement Agreement, containing the complete terms of the proposed Settlement, which is available through the Settlement Administrator or Class Counsel.

PLEASE DO NOT WRITE OR TELEPHONE THE COURT OR THE LOFT FOR INFORMATION ABOUT THE PROPOSED SETTLEMENT.