UPDATE: ON FEBRUARY 9, 2023, THE COURT ISSUED AN ORDER APPROVING THE SETTLEMENT.

To all individuals identified by Apple Inc. (“Apple”) who began working as a non-exempt employee at an Apple retail store in California between August 3, 2015 and December 26, 2015 and to whom a notice of settlement was not mailed in 2021 in connection with the November 2021 Settlement Agreement:

IT MAY AFFECT YOUR LEGAL RIGHT TO MONEY IN CONNECTION WITH THE SETTLEMENT OF A CLASS ACTION LAWSUIT. 

A settlement agreement (the November 2021 Settlement Agreement”) has been reached between Apple and Plaintiffs Amanda Frlekin, Aaron Gregoroff, Seth Dowling, Debra Speicher, and Taylor Kalin (“Plaintiffs”) in a class action pending in the United States District Court for the Northern District of California (the “Court”). Plaintiffs Aaron Gregoroff, Seth Dowling, Debra Speicher, and Taylor Kalin (“Class Representatives”) have pursued the Action on behalf of themselves and individuals who worked as a non-exempt employee at an Apple retail store in California at any time during the Class Period. The “Class Period” is July 25, 2009 to December 31, 2015. Plaintiffs Amanda Frlekin and Taylor Kalin are also pursuing the Action on behalf of themselves, the State of California, and all individuals who worked as a non-exempt employee at an Apple retail store in California at any time from July 25, 2012 to December 31, 2015 seeking civil penalties pursuant to the Private Attorneys’ General Act of 2004, California Labor Code section 2698 et seq. (“PAGA”).

The Court preliminarily approved the November 2021 Settlement Agreement on December 28, 2021. The Court appointed McLaughlin & Stern LLP and Kralowec Law P.C. to serve as Class Counsel for the Settlement Class Members, and Lee Shalov of McLaughlin & Stern LLP to serve as Lead Counsel for the Settlement Class Members. In making this appointment and preliminarily approving that Settlement, the Court gave the Class Counsel firms the authority to represent and bind the Plaintiffs and Settlement Class Members regarding the November 2021 Settlement Agreement, subject to the Court’s final approval of the November 2021 Settlement Agreement.

After the Court preliminarily approved the November 2021 Settlement Agreement, notice of that Settlement was mailed and emailed to 14,683 Settlement Class Members. No Settlement Class Members objected to the November 2021 Settlement Agreement.

You have received this notice because, after dissemination of the Notice in January 2022, Apple identified you in a group of 105 non-exempt employees who worked at an Apple retail store in California between August 3, 2015 and December 26, 2015, but who, due to an error in the generation of Apple’s Employee List, were not sent a notice of the November 2021 Settlement Agreement (this group is hereafter referred to as the “105 Additional Employees” or “Class of 105 Additional Employees”).

Apple’s explanation for failure to identify the 105 Additional Employees, including you, prior to notice of the November 2021 Settlement Agreement, is that employees who transferred into a non-exempt position in a California Retail store between August 3, 2015 and December 26, 2015 were inadvertently not identified in the Employee List used for notice of the November 2021 Settlement.

To resolve this Action for the 105 Additional Employees, the parties, prior to the Final Approval Hearing on the November 2021 Settlement, as discussed below, entered into a separate settlement for the Class of 105 Additional Employees (the “Separate Settlement Agreement” or the “Separate Settlement”), to provide you and all members of this separate class with compensation on the same terms and in the same net pro rata amounts as the November 2021 Settlement Agreement Class Members. This notice is designed to provide you with a brief description of the Action, inform you of the terms of the proposed Separate Settlement Agreement, and discuss your rights in connection with this Separate Settlement, including how you may object to the Separate Settlement Agreement or opt out of the class action aspects of the Separate Settlement Agreement. Unless you submit a timely and valid Request for Exclusion, the Separate Settlement Agreement will be binding upon you if and when it is finally approved by the Court.