YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT

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1 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON Mendis, et al. v. Schneider National Carriers, Inc., Case No. 2:15-cv JCC Three former and one current employee, Balapuwaduge Mendis, Michael Feola, Edward Ash and Andrea Arbaugh (collectively referred to in this notice as Plaintiffs ), have sued Schneider National Carriers, Inc. ( Schneider National Carriers or Schneider ) based on alleged violations of Washington state wage and hour laws. The Court has allowed, or certified, the lawsuit to proceed as a class action with respect to three of the claims asserted by Plaintiffs in the Complaint on behalf of all current and former employees who, at any time from December 30, 2011 through the date of final disposition, worked as drivers for Schneider while residing in the state of Washington. Schneider denies all of the allegations in the lawsuit, and the Court already has dismissed certain claims alleged by Plaintiffs. The Court has not decided whether Schneider National Carriers did anything wrong. There is no money available at this time and no guarantee that there ever will be, however, your legal rights will be affected. You have a choice to make now, by the deadline of OCTOBER 4, 2017: YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT Stay in this lawsuit. Await the outcome. Give up certain rights. By doing nothing, you keep the possibility of getting money or benefits that may come from a trial or a settlement. But you give up any rights to sue Schneider National Carriers separately about the same legal claims in this lawsuit. Get out of this lawsuit. Get no benefits from it if there eventually are any. Keep your rights. If you ask to be excluded and money or benefits are later awarded, you won t share in those. But you keep any rights to sue Schneider National Carriers separately about the same legal claims in this lawsuit. 1

2 Your options are explained in this notice. To ask to be excluded, you must act by October 4, Plaintiffs and their lawyers must prove the claims against Schneider National Carriers at a trial set to start March 5, If money or benefits are obtained as a result of this lawsuit, and you have not excluded yourself from this lawsuit, you will be notified about how to receive a share. Any questions? Read on or call 1-(888) (toll-free). BASIC INFORMATION 1. Why did I get this notice? Schneider National Carriers records show that you currently work, or previously worked during the class period (from December 30, 2011 to the present), as a driver for Schneider while residing in the state of Washington. This notice explains that the Court has allowed, or certified, a class action lawsuit that may affect your legal rights. You have legal rights and options that you may exercise before the Court holds a trial. The trial is to decide whether the claims being made against Schneider National Carriers, on your behalf, are correct. A judge of the United States District Court for the Western District of Washington is overseeing this lawsuit. The lawsuit is known as Mendis, et al. v. Schneider National Carriers, Inc., Case No. 2:15-cv JCC. 2. What is this lawsuit about? Plaintiffs claim Schneider National Carriers violated certain Washington state wage and hour laws. Schneider National Carriers denies the claims, and denies that it has violated any Washington state laws. 3. What is a class action and who is involved? In a class action lawsuit, one or more people called Class Representatives (in this case Balapuwaduge Mendis, Michael Feola, Edward Ash and Andrea Arbaugh) sue on behalf of other people who have similar claims. The people together are called a Class or Class Members. The employees who sued are called the Plaintiffs. The company the Plaintiffs sued (in this case Schneider National Carriers) is called the Defendant. One court resolves the issues for everyone in the Class except for those people who choose to exclude themselves from the Class. 4. Why is this lawsuit a class action? The Court decided that this lawsuit can proceed as a class action with respect to certain claims asserted by Plaintiffs, and move toward a trial, because it meets the requirements of Federal Rule of Civil Procedure 23. You can obtain more information about why the Court is allowing this lawsuit to proceed as a class action by reviewing the Court s Order Granting Motion to Certify Class, which is available in the Important Documents section of this website: 2

3 THE CLAIMS IN THE LAWSUIT 5. What is the lawsuit about? In the lawsuit, Plaintiffs say that Schneider National Carriers has violated Washington state wage and hour laws with respect to drivers who have worked for the company while residing in Washington. Specifically, Plaintiffs claim that Schneider National Carriers has been violating Washington law in the following ways: Failing to compensate drivers for the rest breaks to which they are entitled, whether the rest breaks were received or not; Making unlawful deductions from the wages of drivers who receive per diem pay; and Failing to pay drivers properly for overtime hours worked. You can read Plaintiffs current class action complaint in the Important Documents section of this website: 6. How does Schneider National Carriers respond? Schneider National Carriers denies that it did anything wrong and maintains that the company s Washington drivers have been paid properly. The Court has already dismissed claims alleging that Schneider: (1) failed to pay drivers for time spent working on duty, but not driving; (2) made unlawful deductions from the wages of drivers who received payroll advances on a payroll card; and (3) made unlawful deductions from the wages of drivers for safety equipment that was required by Schneider. You can read Schneider National Carriers answer to Plaintiffs complaint and the Court s orders regarding Schneider s motion for summary judgment and motion to dismiss in the Important Documents section of this website: 7. Has the Court decided who is right? No. The Court hasn t decided whether Schneider National Carriers or the Plaintiffs are correct with respect to the claims set forth in Section 5 above. By certifying the Class and issuing this notice, the Court is not suggesting that the Plaintiffs will win or lose this case. The Plaintiffs must prove their claims at a trial. (See The Trial below on page 6.) 8. What are Plaintiffs asking for? On behalf of themselves and the Class Members, Plaintiffs seek money damages, exemplary damages, interest, attorneys fees, and costs. 9. Is there any money available now? No. The Court has not yet decided whether Schneider National Carriers did anything wrong. No money or benefits are available now, and there is no guarantee that money or benefits ever will be obtained. If they are, you will be notified about how to receive a share. 3

4 You need to decide whether you are affected by this lawsuit. 10. Am I part of this Class? The Court has decided that the following individuals are Class Members: All current and former employees of Schneider National Carriers, Inc. who, at any time from December 30, 2011 through the date of final disposition, worked as drivers for the company while residing in the state of Washington. You have to decide whether to stay in the Class or ask to be excluded before the trial, and you have to decide this now. 11. What happens if I do nothing at all? You don t have to do anything now if you want to remain in the class and be part of this lawsuit. By doing nothing, you are staying in the Class. If you stay in and the Plaintiffs obtain money or benefits, either as a result of the trial or a settlement, you will be notified about how to apply for a share (or how to ask to be excluded from any settlement). Keep in mind that if you do nothing now, regardless of whether Plaintiffs win or lose the trial, you will not be able to sue, or continue to sue, Schneider National Carriers as part of any other lawsuit about the same legal claims that are the subject of this lawsuit. You will also be legally bound by all of the orders the Court issues and judgments the Court makes in this lawsuit. 12. Why would I ask to be excluded? If you do not want to participate in this lawsuit or be bound by its outcome, you need to ask to be excluded from the Class. If you exclude yourself from the Class which also means to remove yourself from the Class, and is sometimes called opting-out of the Class you won t get any money or benefits from this lawsuit that Plaintiffs may obtain as a result of the trial or from any settlement (that may or may not be reached) between Schneider National Carriers and the Plaintiffs. However, you will retain the right to sue Schneider National Carriers for alleged wage and hour violations. If you exclude yourself, you will not be legally bound by any orders the Court issues or judgments the Court makes in this lawsuit. 13. How do I ask the Court to exclude me from the Class? To ask to be excluded, you must send an Exclusion Request Form which is enclosed and also available to download and print from the notice website to the Notice Administrator using the contact information set forth below. You may submit the Exclusion Request Form by mail, facsimile or by sending it to: 4

5 Schneider National Carriers Notice Administrator CPT Group, Inc. 50 Corporate Park Irvine, CA Telephone: 1-(888) Fax: Any Exclusion Request Form sent by mail must be postmarked by October 4, Exclusion Request Forms sent by facsimile or must be received by October 4, Can Schneider National Carriers retaliate against me for staying in the Class or excluding myself? No. The law does not allow retaliation or discrimination by an employer against anyone who chooses to stay in or be excluded from a class action. This means Schneider National Carriers and its owners, officers, managers and supervisors cannot legally retaliate against you for participating in this lawsuit. The choice of whether to remain in the Class or exclude yourself from the lawsuit is entirely up to you. 15. Do I have a lawyer in this case? The Court has decided that the Seattle, Washington law firms of Rekhi & Wolk, P.S. and Terrell Marshall Law Group PLLC are qualified to represent you and all Class Members. Together the lawyers are called Class Counsel. More information about Rekhi & Wolk, P.S. and Terrell Marshall Law Group PLLC, their practices, and their lawyers experience is available at and Should I get my own lawyer? You do not need to hire your own lawyer because Class Counsel is working on your behalf. But you have the right to retain your own lawyer at your own expense. 17. How will the lawyers be paid? If Class Counsel obtains money or benefits for the Class, they may ask the Court for fees and costs. You won t have to pay these fees and costs. If the Court grants Class Counsel s request, the fees and costs will be either deducted from any money obtained for the Class or paid separately by Schneider National Carriers. 5

6 The Court has scheduled a trial to decide who is right in this case. 18. How and when will the Court decide who is right? As long as the case isn t resolved by a settlement or otherwise, Class Counsel will have to prove the Plaintiffs claims at a trial. The trial is currently set to start on March 5, 2018, at the United States District Court s Seattle Courthouse, 700 Stewart Street, Seattle, Washington During the trial, a jury or judge will hear all of the evidence and decide who is right about the claims in the lawsuit. There is no guarantee that the Plaintiffs will win or that they will get any money for the Class. 19. Do I have to come to the trial? You do not need to attend the trial. Class Counsel will present the case for the Plaintiffs, and Schneider National Carriers will present its defense. 20. Will I get money after the trial? If Plaintiffs obtain money or benefits as a result of the trial or a settlement, you will be notified about how to participate. We do not know how long this will take. If Schneider National Carriers wins the case at trial, then you will not get any money. 21. Are more details available? More details are available on the Notice website where you will find certain filings made in the Lawsuit. You may also get more information by calling 1-(888) (toll free) or writing to: Schneider National Carriers Notice Administrator CPT Group, Inc. 50 Corporate Park Irvine, CA Telephone: 1-(888) Fax: MendisVSchneider@cptgroup.com The lawyers representing the Class are: Hardeep S. Rekhi Gregory A. Wolk REKHI & WOLK, P.S. 529 Warren Ave. N, Ste. 201 Seattle, Washington Toby J. Marshall Erika L. Nusser TERRELL MARSHALL LAW GROUP PLLC 936 North 34th Street, Ste. 300 Seattle, Washington