Frequently Asked Questions

1. What is the Notice and why should I read it?

The Court authorized the Notice to inform you about a proposed settlement with Defendant. You have legal rights and options that you may act on before the Court decides whether to approve the proposed settlement. You may be eligible to receive a cash payment as part of the settlement. The Notice explains the lawsuit, the Settlement Agreement, and your legal rights.

Judge Nelson Lee of King County Superior Court is overseeing this class action. The case is titled Voivod v. APIZZA, LLC, Case No. 23-2-06729-1 SEA.

Michael Voivod is the Plaintiff or Class Representative. The company he sued, APIZZA, LLC is the Defendant.

2. What is a class action lawsuit?

A class action is a lawsuit in which one or more plaintiffs sue on behalf of a group of people who have similar claims. Together, this group is called a “Settlement Class” and consists of “Settlement Class members.” In a class action, the court resolves the issues for all class members, except those who exclude themselves from the class.

3. What is this lawsuit about?

Plaintiff claims that Defendant violated Washington law when it denied employees compliant meal and rest periods, failed to pay employees all wages owed, and issued employees inaccurate wage statements.

Defendant denies the allegations or that it can be held liable for the claims made in the Lawsuit. More information about the Class Action Complaint in the Lawsuit and Defendant’s response can be found in the “Court Documents” section of the Settlement Website.

4. Why is there a settlement?

The Court has not decided whether the Plaintiff or Defendant should win this case. Instead, both sides agreed to this settlement. That way, they can avoid the uncertainty, risks, and expense of ongoing litigation, and Settlement Class members will get compensation now rather than years later—if ever. The Plaintiff and Class Counsel, attorneys for the Settlement Class members, agree the settlement is in the best interests of the Settlement Class members. The settlement is not an admission of wrongdoing by Defendant.

5. How do I know if I am in the Settlement Class?

Defendant’s records show you are part of the Settlement Class because you worked for Defendant in Washington as an hourly, non-exempt employee between April 14, 2020 and October 31, 2024 (the “Settlement Class Period”).

If you are still not sure whether you are included, you can contact the Settlement Administrator by calling toll-free at (866) 675-2364, emailing info@APIZZASettlement.com.

6. What does the settlement provide?

All Settlement Class members who do not exclude themselves from the settlement are eligible to receive a pro rata share of the Class Fund based upon the number of weeks he or she worked during the Settlement Class Period as compared by the total number of weeks worked by all Settlement Class members during the Settlement Class Period. Settlement payments will be characterized as 50 percent wages (W-2) and 50 percent non-wage damages and interest (1099).

7. How do I receive a payment?

All Settlement Class members who do not exclude themselves from the settlement will be eligible to receive a payment. If the Court approves the settlement and you did not exclude yourself, you will receive a settlement payment in the mail.

To ensure you receive your payment, you must contact the Settlement Administrator if your address or phone number changes at any time. The Settlement Administrator may be contacted at:

Voivod v. APIZZA, LLC Settlement
c/o Settlement Administrator
P.O. Box 26170
Santa Ana, CA 92799
Telephone: (866) 675-2364
Email: info@APIZZASettlement.com

8. When will I get my payment?

The hearing to consider the fairness of the settlement is scheduled for February 7, 2025 at 9:00 a.m. If the Court approves the settlement, eligible Settlement Class members who did not exclude themselves from the settlement will be mailed a check after all appeals and other reviews, if any, are completed. Please be patient. All checks will expire and become void 180 days after the date of issuance.

9. Will Defendant retaliate against me if I participate in the settlement?

No. Defendant fully supports the settlement and will not retaliate in any way against any Settlement Class member for participating in the settlement. Defendant encourages all Settlement Class members to participate in the settlement. Your decision to participate, not participate, or object to the settlement will not affect your employment with Defendant or Defendant’s treatment of you as a current or former employee.

10. Do I have an attorney in this case?

Yes, the Court appointed Timothy Emery, Patrick B. Reddy, and Paul Cipriani of Emery Reddy, PLLC as Class Counsel to represent the Settlement Class. Their contact information is:

Timothy W. Emery
Patrick B. Reddy
Paul Cipriani
Emery Reddy, PLLC
600 Stewart Street, Suite 1100
Seattle, WA 98101
Phone: (206) 442-9106

Should I get my own attorney? You don’t need to hire your own attorney because Class Counsel are working on your behalf. These attorneys and their firm are experienced in handling similar cases. You will not be charged for these attorneys. You can ask your own attorney to appear in Court for you, at your own cost, if you want someone other than Class Counsel to represent you.

11. How will Class Counsel and the Class Representative be paid?

Class Counsel will ask the Court to approve, and Defendant agrees not to oppose, an award of attorneys’ fees in the amount of $75,000, plus costs and expenses in an amount not to exceed $8,000, to be paid from the Common Fund. Class Counsel will also request a service award for Plaintiff in the amount of $10,000, to be paid from the Common Fund. The Court will determine the proper amount of any attorneys’ fees, costs, and expenses to award Class Counsel and the proper amount of any service award to Plaintiff. The Court may award less than the amounts requested. Whether the settlement will be finally approved does not depend on whether or how much the Court awards in attorneys’ fees, costs, and expenses or service award.

12. What claims do I give up by participating in this settlement?

If the Court approves the settlement, the Court will enter a final judgment dismissing the Lawsuit “with prejudice.” This means that the claims in the Lawsuit will be permanently dismissed. Specifically, Defendant will be “released” from claims as described in Paragraph 18 of the Settlement Agreement, which states:

Upon final approval of this Settlement Agreement by the Court, each Settlement Class member who does not timely request exclusion in accordance with the procedures set forth in Paragraph 14 will release APizza and all of its affiliated agents, employees, servants, officers (including but not limited to Ajay Keshap and Andy Dunn), directors, partners, trustees, representatives, shareholders, members, stockholders, attorneys, parents, subsidiaries, equity sponsors, related companies/corporations and/or partnerships (defined as a company/corporation and/or partnership that is, directly or indirectly, under common control with APizza, LLC, a Washington limited liability company or any of its parents and/or affiliates), divisions, assigns, predecessors, successors, insurers, consultants, joint ventures, joint employers (including, but not limited to, Shift Pixy, Inc., Shift Human Capital Management, Inc. and Rethink Human Capital Management, Inc.), affiliates, and alter-egos, and all of their respective past, present and future employees, directors, officers, agents, attorneys, stockholders, fiduciaries, parents, subsidiaries, and assigns as third party beneficiaries of this agreement (the “Released Parties”) from all wage and hour claims during the time period from April 14, 2020 through the present (the “Class Period”) including, but not limited to, claims for failing provide meal breaks pursuant to RCW 49.12.020 and WAC 296-126-092, claims for violations of the Minimum Wage Act RCW 49.46 and the Wage Payment Act, RCW 49.48, claims for failing to provide rest breaks, RCW 49.12010 and WAC 296-126-092, claims for wage theft in violation of 49.52.050, claims for failure to furnish accurate wage statements, WAC 296-126-040, and claims for exemplary damages, penalties, and interest pursuant to RCW 49.52.050 and 070, as well as any claims under any state, federal, or local law that could have been asserted against Defendants based on the same factual predicates as alleged in Plaintiff’s Complaint, to the fullest extent permitted by law (the “Released Class Claims”).]

By being part of the settlement, Settlement Class members agree that they cannot sue or seek recovery against Defendant or other Released Parties as described in the Settlement Agreement for any released claims. Participating in the settlement does not, however, waive claims outside the release.

Any potential Settlement Class member who does not request exclusion by December 27, 2024 will be a Settlement Class member and will be considered to have accepted the above release and to have waived any and all of the released claims against the Released Parties. Any potential Settlement Class member who requests exclusion by the applicable deadline is not a Settlement Class member, will not be subject to the release, and will not receive any payment.

13. What happens if I do nothing?

If you do nothing and the Court approves the settlement, you will still be in the Settlement Class, receive a payment in the mail, and be bound by all orders and judgments of the Court, the Settlement Agreement, and its included release. Unless you exclude yourself, you won’t be able to file a lawsuit or be part of any other lawsuit against Defendant for the claims or legal issues resolved in this settlement.

14. What happens if I request to be excluded?

If you submit a timely, valid request for exclusion from the settlement, you will not be in the Settlement Class and will not receive a settlement payment. However, you will not release claims against Defendant and will not be legally bound by the Court’s judgments in this Lawsuit.

15. How do I request to be excluded?

To request to be excluded from the settlement, you must send a letter, postmarked no later than December 27, 2024, to the Settlement Administrator at the following address:

Voivod v. APIZZA, LLC Settlement
c/o Settlement Administrator
P.O. Box 26170
Santa Ana, CA 92799

To be considered valid, a request for exclusion must include: (i) your full name; (ii) your address; (iii) a statement that you wish to be excluded from the settlement (for example, “I request to be excluded from the class action settlement in Voivod v. APIZZA, LLC, Case No. 23-2-06729-1 SEA.”); and (iv) your (or your attorney’s) signature and date signed.

You cannot exclude yourself by phone or email. Each individual who wants to be excluded from the settlement must submit his or her own request for exclusion. Group requests for exclusion are not permitted.

16. If I don’t exclude myself, can I sue Defendant for the same thing later?

No. Unless you exclude yourself, you give up any right to sue Defendant for the claims being resolved by this settlement even if you do nothing.

17. If I exclude myself, can I get anything from this settlement?

No. If you exclude yourself, you will not receive a settlement payment.

18. How do I object to the settlement?

If you do not exclude yourself from the Settlement Class, you can object to the settlement if you disagree with any part of it. You can give reasons why you think the Court should deny approval of the settlement by filing an objection. To object, you must file written notice with the Court stating that you object to the settlement in Voivod v. APIZZA, LLC, Case No. 23-2-06729-1 SEA, no later than December 27, 2024. Your objection must be filed with the Court, which you can do by mailing your objection and any supporting documents to King County Superior Court at the following address:

King County Superior Court
516 Third Avenue, Room E-609
Seattle, WA 98104

If you are represented by an attorney, the attorney may file your objection through the Court’s e-filing system.

To be valid, your objection must be in writing and include: (i) your full name, address, telephone number, and e-mail address; (ii) the case name and number; (iii) the reasons why you object to the settlement; (iv) the name and address of your attorney, if you have retained one; (v) a statement confirming whether you and/or your attorney intend to personally appear at the Final Approval Hearing; (vi) a list, by case name, court, and docket number, of all other cases in which you (directly or through an attorney) have filed an objection to any proposed class action settlement within the last three years; (vii) a list, by case name, court, and docket number, of all other cases in which your attorney (on behalf of any person or entity) has filed an objection to any proposed class action settlement within the last three years; and (viii) your (or your attorney’s) signature and date signed.

In addition to filing your objection with the Court, you must also mail copies of your objection and any supporting documents to both Class Counsel and Defendant’s attorneys at the addresses listed below, postmarked no later than December 27, 2024.

19. What’s the difference between objecting and excluding myself from the settlement?

Objecting simply means telling the Court that you don’t like something about the settlement. You can object only if you stay in the Settlement Class. Excluding yourself from the Settlement Class is telling the Court that you don’t want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the case no longer affects you.

20. When and where will the Court hold a hearing on the fairness of the settlement?

The Court will hold the Final Approval Hearing on February 7, 2025 at 9:00 a.m. in King County Superior Court, 516 Third Avenue, Courtroom W-842, Seattle, WA 98104.

The purpose of the hearing is for the Court to determine whether the settlement is fair, reasonable, adequate, and in the best interests of the Settlement Class. At the hearing, the Court will hear any objections and arguments concerning the fairness of the proposed settlement, including those related to the amount requested by Class Counsel for attorneys’ fees, costs, and expenses and the service award for Plaintiff.

Note: The date and time of the Final Approval Hearing are subject to change by court order. Any changes will be posted on this Settlement Website or through the Court’s publicly available docket. You should check the Settlement Website to confirm the date and time have not been changed.

21. Do I have to come to the hearing?

No. Class Counsel will answer any questions the Court may have, but you are welcome to attend the hearing at your own expense. If you send an objection, you don’t have to come to the hearing to talk about it. As long as your written objection was filed or mailed on time and meets the other criteria described in the settlement, the Court will consider it. You may also hire an attorney to attend on your behalf at your own expense, but you don’t have to.

22. May I speak at the hearing?

Yes. If you do not exclude yourself from the Settlement Class, you may ask the Court for permission to speak at the Final Approval Hearing concerning any part of the proposed settlement.