Frequently Asked Questions

1. Why is there a Notice?

The Company’s records show that you applied for a job opening in the State of Washington between January 1, 2023, and August 22, 2024, where the job posting did not disclose the wage scale or salary range, a general description of benefits, and/or other compensation to be offered to the hired applicant for the position.

The Notice explains the Case, the Class Action Settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them.

2. What is the Case about?

The Plaintiff claims that some of the Company’s job postings for open positions in Washington did not disclose the wage scale or salary range, a general description of benefits, and/or other compensation to be offered to the hired applicant in violation of Washington law. The Company denies these claims on a variety of legal and factual grounds (including challenging the enforceability and construction of the law and challenging the status of the solicitations at issue in the Case as “postings” within the meaning of the law).

The Honorable David Whedbee, of the Superior Court for the State of Washington in and for King County, is overseeing this Class Action. The lawsuit is known as Nicole Yount v. Northwest Restaurants, Inc., King County Superior Court Civil Case No. 23-2-19399-7 SEA (the “Lawsuit” or the “Case”).

3. What is a class action and who is involved?

In a class action lawsuit, one or more people called a “Class Representative” sues on behalf of other people whom they believe have similar claims. The people together are a “Class” or “Class Members.” The individual(s) who sued, and who represent(s) the Class, are called the Plaintiff(s).

The entity the Plaintiff(s) sue(s) (in this case the Company) is called the Defendant. In a class action, 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 there a Settlement?

The Court did not decide in favor of the Plaintiff or the Company. Instead, both sides agreed to a Settlement. This allows the parties to avoid the cost of a trial, and the people affected will be entitled to compensation. The Class Representative and her attorneys think the Settlement is best for everyone in the Class.

5. How do I know whether I am part of the Settlement?

As part of the Settlement of the Case, the King County Superior Court has decided that everyone who fits the following description is a Class Member:

Plaintiff and all persons who, at any time between January 1, 2023, and August 22, 2024, applied for a job opening in the State of Washington with Defendant Northwest Restaurants, Inc. (either directly or through one of their authorized talent acquisition partners), where the job posting did not disclose the wage scale or salary range, a general description of benefits, and/or other compensation to be offered to the hired applicant for the position.

If it is approved, the Settlement will cover all Settlement Class Members who have not timely and affirmatively excluded themselves from the Case. To be a part of and receive any money pursuant to the Settlement, Settlement Class Members need do nothing (other than refrain from affirmatively opting out of the Settlement).

6. What claims are covered by the Settlement?

The Settlement will resolve all of the claims Settlement Class Members could have brought against the Company based on any facts alleged in the Case with respect to a failure to comply with the job posting and pay transparency requirements of the Washington Equal Pay and Opportunities Act between January 1, 2023, and August 22, 2024, (the “Released Claims”). The Released Claims specifically include, but are not limited to, any alleged liabilities arising out of or relating to a failure to include the wage scale or salary range, a general description of all benefits, and/or any other compensation to be offered to a hired applicant in any job postings. The Released Claims specifically include, but are not limited to, any claims arising out of or relating to a violation of RCW 49.58.110, and any attendant claims for relief under RCW 49.58.070, interest, liquidated damages, exemplary damages, statutory damages, minimum statutory damages, and attorneys’ fees and costs relating to any of the foregoing.

7. What are the basic terms of the Settlement?

Subject to Court approval, the essential terms of the Settlement are as follows:

The Company will pay a total of $2,000,000 as part of the Settlement, apportioned as follows:

• Class Fund: An estimated $1,370,000 of the money the Company pays will be available for the payment of Settlement Awards to Settlement Class Members who do not timely opt out of this Settlement.

• Service Award: The Company will pay up to $15,000 to Plaintiff and Class Representatives Nicole Yount as a service award in recognition of her efforts in prosecuting the Case.

• Settlement Administration Expenses Award: The Company will pay up to $25,000 to the Settlement Administrator for the processing of the Settlement, including the expenses of providing notice of the Settlement to Settlement Class Members, handling the claims administration process, processing payments to Settlement Class Members, and handling tax reporting requirements.

• Attorney’s Fees and Costs Award: The Company will pay up to $590,000 to Plaintiff’s attorneys for the attorneys’ fees and costs award to compensate them for the legals services they have provided and will provide and costs they have incurred and will incur through final judgment in representing Plaintiff and the Settlement Class.

Monetary Relief: The amount available to the Settlement Class is intended to compensate Settlement Class Members for all damages and other relief they are allegedly entitled to as a result of the practices alleged in the Case.

Distribution of Settlement Fund: Each Settlement Class Member who does not submit a valid and timely request for exclusion will automatically receive a settlement payment. The class fund will be allocated equally to individual Settlement Class Members on a pro rata basis, based on the number of Class Members. Checks will be mailed to Settlement Class Members by the Settlement Administrator. If any checks have not been negotiated within one hundred twenty (120) days after distribution, the funds from those checks will be sent in the corresponding Settlement Class Member’s name to the Unclaimed Property Fund for the State of Washington pursuant to the Unclaimed Property Act (RCW 63.29 et seq). The Company will not receive funds from any uncashed checks.

Tax Treatment of Settlement Awards: The Settlement Awards will be treated as non-wages, on which there will be no tax withholding and for which an IRS Form 1099-MISC (marked “Other Income”) shall be issued to the taxing authorities and the Settlement Class Member.

Release of Claims: Upon final approval by the Court, the Settlement Class and each Settlement Class Member who has not submitted a valid and timely written request to be excluded from the Settlement will irrevocably release all of the Released Claims against the Company relating to the period from January 1, 2023, and August 22, 2024, (the “Class Period”). This Release specifically includes any alleged liabilities arising out of or relating to the Company’s failure to include the wage scale or salary range, a general description of all benefits, and/or any other compensation to be offered to a hired applicant in any job postings. The Released Claims specifically include, but are not limited to, any claims arising out of or relating to a violation of RCW 49.58.110, and any attendant claims for relief under RCW 49.58.070, interest, liquidated damages, exemplary damages, statutory damages, minimum statutory damages, and attorneys’ fees and costs relating to any of the foregoing. This Release requires you to waive and precludes you from bringing any Released Claims against the named Defendant in the case, Northwest Restaurants, Inc., as well as its past, current, or future predecessors, successors, and assigns, together with each of their respective parent companies, subsidiaries, related or affiliated companies, members, shareholders, owners, officers, directors, employees, agents, attorneys, and insurers, along with any other individual or entity who could be jointly or severally liable for any of the Released Claims.

Dismissal of Action: Upon final approval, the Court will enter a judgment of dismissal of the Case with prejudice, but shall retain jurisdiction to enforce the terms of the settlement.

8. How can I get a payment?

To get a payment, you need do nothing. As long as you do not submit a written request to be excluded from the Settlement, you will be a Settlement Class Member and will be entitled to payment.

9. When would I get my payment?

The Court will hold a hearing on January 17, 2025, to decide whether to finally approve the settlement. If the King County Superior Court approves the settlement, the parties will then have to wait to see whether there is an appeal. This will take at least thirty (30) days and, if there is an appeal, can take up to a year of more to resolve. In the event of an appeal, information regarding the appeal’s progress will be made available on the Important Documents page. If there is no appeal, we expect payments will go out within approximately sixty (60) days of the Court’s final approval of the Settlement. Please be patient.

10. Do I have a lawyer in this case?

The Court has decided that lawyers from the law firm of Emery Reddy, PLLC, are qualified to represent you and all Settlement Class Members. These lawyers are called “Class Counsel.” You will not be charged for these lawyers. If you want to be represented by our own lawyer, you may hire one at your own expense.

11. How will the lawyers be paid?

As indicated above, Class Counsel will seek payment of their attorney’s fees and costs in the amount of $590,000, which must be approved by the Court as part of the final approval of this Settlement. Class Counsel has been working on this case since approximately September 2023, and have not received any fees or reimbursements for the costs of the lawsuit.

12. How do I exclude myself from the Settlement?

If you fit the definition of a Settlement Class Member and want to exclude yourself from the Settlement, you must request exclusion in writing by December 24, 2024. You may be excluded as a member of the class by submitting a written request stating, “I request that I be excluded from the Class in the case of Nicole Yount v. Northwest Restaurants, Inc.” The request must include your name, address, and signature. You must mail a copy of the letter to the Settlement Administrator at the following address postmarked no later than December 24, 2024:

Yount v. Northwest Restaurants, Inc.
c/o Settlement Administrator
P.O. Box 26170
Santa Ana, CA 92799

If you exclude yourself from the Settlement (i.e., opt out), you will not receive any payment from the Settlement. You will also not be entitled to object to the Settlement. If you exclude yourself, you will not be bound by the terms of the Settlement, including the Release described in Questions 6 and Questions 7, above. This means you will retain the right at your own expense to pursue (or not pursue) any claims you may have against the Company.

13. If I don’t like the Settlement, how do I tell the Court?

If you are a Settlement Class Member, have not excluded yourself from the Settlement, and do not like the Settlement or the fee request, you can object. You must do so in writing and you must state the reasons why you think the Court should not approve the Settlement. If you object, be sure to include your name, address, and telephone number, the name of the Case (Nicole Yount v. Northwest Restaurants, Inc., King County Superior Court Civil Case No. 23-2-19399-7 SEA), the reasons you object to the Settlement, and a signature. You must mail a copy of the objection to the following address postmarked no later than December 24, 2024:

Yount v. Northwest Restaurants, Inc.
c/o Settlement Administrator
P.O. Box 26170
Santa Ana, CA 92799

14. When and where will the Court decide to approve the Settlement?

The Court will hold a Fairness Hearing at 1:30 p.m. on January 17, 2025, at the King County Superior Court, King County Courthouse, Courtroom E-201, 516 Third Avenue, Seattle, WA 98104.

If there are objections, the Court will consider them. Judge David Whedbee will listen to people who have asked to speak at the hearing (see Question 16). After the hearing, the Court will decide whether to finally approve the Settlement, including Class Counsel’s request for attorney’s fees and costs, Settlement Administration Expenses, and a Service Award for the named Plaintiff. We do not know how long that decision will take.

15. Do I have to come to the hearing?

No. Class Counsel will answer any questions Judge David Whedbee may have, but you are welcome to attend at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but that is not necessary.

16. May I speak at the hearing?

You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must send a letter saying it is your “Notice of Intention to Appear in Nicole Yount v. Northwest Restaurants, Inc., King County Superior Court Civil Case No. 23-2-19399-7 SEA.” Be sure to include your name, address, phone number, and your signature. Your Notice of Intention to Appear must be postmarked no later than December 24, 2024, and be sent to the Court, Class Counsel, and Defense Counsel at the three addresses set forth below:

17. What happens if I do nothing at all?

If you do nothing—that is, if you do not mail or deliver a timely written request to exclude yourself from the Settlement—you will be part of the Settlement Class and will be entitled to a share of the Settlement. You will also be bound by the terms of the Settlement, including the Release described in Question 6 and Question 7, above.

18. Are there more details about the Settlement?

The Notice summarizes the proposed Settlement. More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement can be found on the Important Documents page, which has a copy of the Settlement Agreement posted. Plaintiff’s motion for final approval of the settlement agreement, including Class Counsel’s request for attorney’s fees and costs, Settlement Administration Expenses, and a Service Award for the named Plaintiff will be available for you to review on January 18, 2025, on the Important Documents page.

PLEASE DO NOT CALL THE COURT, THE CLERK OF THE COURT, THE JUDGE, OR DEFENDANT WITH QUESTIONS ABOUT THE SETTLEMENT OR CLAIMS PROCESS.