You received the Notice because records show that you were employed in California by Jackson Hewitt Inc. or Tax Services of America, Inc. as a Tax Preparer or Supervisor during the period starting on November 6, 2013, through October 9, 2020. Therefore, you are entitled to receive payment if the Court grants final approval of the settlement. You also have other options as described below.

Plaintiffs Alicia Aho and Linda Lomeli filed a complaint against Defendants in the Los Angeles County Superior Court. The complaint alleges that Defendants failed to pay overtime wages, pay double time wages, provide meal periods, permit rest periods, furnish timely and accurate wage statements, pay minimum wage, indemnify/reimburse necessary expenses incurred in the discharge of work duties, and pay waiting time penalties, violated California’s Private Attorneys General Act of 2004 (California Labor Code §2698, et seq., known as “PAGA”), and allegedly engaged in unfair business practices pursuant to California Business and Professions Code Section 17200, et. seq. Plaintiffs asserted these claims on behalf of Tax Preparers and Supervisors.

Defendants deny the allegations. Defendants contend that their policies, practices, and procedures were and are fully compliant with all applicable legal requirements. Nothing in the Notice or the settlement agreement means that Defendants admit to any wrongdoing.

The Court has not made any ruling on the merits of this case, and Plaintiffs and Defendants have agreed to settle the Action, subject to the approval of the Court.

You are a Class Member, and therefore part of the settlement, if you were employed by Jackson Hewitt Inc. or Tax Services of America, Inc. as a Tax Preparer or Supervisor between November 6, 2013, and October 9, 2020.

For purposes of the settlement, “Tax Preparers” are hourly, non-exempt employees who have worked in a position where one of the job responsibilities included assisting in the preparation of tax returns or forms, regardless of the position title (including, but not limited to Store Supervisor, Tax Preparer, and Tax Preparer I, II and III). “Supervisors” are employees classified as exempt and paid on a salaried basis who were directly responsible for managing more than one of Defendants’ tax preparation locations, regardless of the position title (including, but not limited to Multi-Store Manager, Multiple Office Manager, Assistant District Manager, and Seasonal Assistant Area Manager).

If the Court grants final approval, Defendants will pay a Total Settlement Amount of $1,290,000 for fees, costs, and expenses associated with the settlement, and distribution to the Class Members who participate in the settlement.

The amount you are entitled to receive depends on multiple factors, including how many weeks you worked during the period covered by the settlement, and how many other Class Members participate in the settlement. The first page of the notice shows the number of weeks you worked during the relevant time period, and your estimated payment if you participate in the settlement.

The parties estimate the fees, costs, and expenses associated with the settlement will be as follows: (i) Administration Costs estimated not to exceed $20,000; (ii) an attorneys’ fee award (to be requested by Class Counsel) not to exceed $425,700; (iii) a cost award (to be requested by Class Counsel) not to exceed $50,000; (iv) a service award payment (to be requested by the two Plaintiffs) up to a total of $20,000; and (v) a payment to the California Labor and Workforce Development Agency anticipated to be $15,000. If the Court declines to award any of these amounts, or decides to reduce them, then those sums will be allocated to the Net Settlement Fund for payment to Class Members.

To receive a benefit from the settlement and recover a share of the Net Settlement Fund, you do not need to take any action. Once the notice period has passed, and upon final approval by the Court, settlement checks will be sent to Participating Class Members.

You have the right to exclude yourself from (or “opt-out” of) the settlement. If you exclude yourself, you will be giving up the right to receive any payment and the right to object, but you will be free to pursue claims individually against Defendants if you wish.

To exclude yourself from the settlement, you must inform the Settlement Administrator in writing of your name, address, and your intention to be excluded. You cannot exclude yourself by telephone, website, or e-mail. All Requests for Exclusion must be signed and mailed to the Settlement Administrator, postmarked no later than January 4, 2021, and sent to the following address:

Aho v. Jackson Hewitt Settlement Administrator
c/o JND Legal Administration
PO Box 91349
Seattle, WA 98111

If you return a late Request for Exclusion, the Request will be deemed invalid and you will remain a member of the settlement class and will be bound by all of the terms of the settlement.

If you do not exclude yourself, you have the right to object to the settlement. All objections must be signed and mailed to the Settlement Administrator, postmarked no later than January 4, 2021, and sent to the following address:

Aho v. Jackson Hewitt Settlement Administrator
c/o JND Legal Administration
PO Box 91349
Seattle, WA 98111

For an objection to be valid, it must contain: (a) the full name and address of the Class Member; (b) a written statement of all of the grounds for the objection, accompanied by legal support for the objection; and (c) the signature of the Class Member or his/her attorney (if he/she has one).

You will not be excluded from the settlement by submitting an objection, and you will be entitled to receive your respective share of the settlement even if you object.

The Plaintiffs and the settlement class are represented by the following four law firms:

You will not be personally charged for their work on the case. If you want to be represented by your own lawyer, you may hire one at your own expense.

Yes. Unless you affirmatively exclude yourself from the settlement, you will agree to the “Release by Participating Class Members,” as described in Paragraph 29 of the Settlement Agreement. (The settlement agreement is available on the settlement website at www.AhoJHSettlement.com.) The release covers a period from November 6, 2013, to October 9, 2020. That means that you cannot sue, continue to sue, or be part of any other lawsuit against either Defendant or other Released Parties about the legal issues in this case. It also means that the Court’s orders will apply to you and legally bind you. Here is the full text of the Release from the settlement agreement:

As of the Defendants’ full funding of the Total Settlement Amount, and except as to the rights and obligations created by this Agreement, all Participating Class Members (including Plaintiffs themselves), hereby release, dismiss and forever discharge Defendants Jackson Hewitt Inc., Tax Services of America, Inc., as well as Jackson Hewitt Tax Service Inc. (the ultimate parent), and their past or present owners, parent entities, subsidiaries, and each and all of their respective officers, directors, shareholders, partner, managers and employees (collectively “Released Parties”) from all claims, causes of action, demands, rights and liabilities of every nature and description that are asserted in, arise from, or relate to the factual allegations and/or legal assertions made in the Class Action, individually or on a class-wide basis, during the Class Period. For the avoidance of doubt, the Parties agree that this release does not cover Jackson Hewitt franchisees. This release extends to all claims for unpaid wages, premiums, restitution, and civil and statutory penalties under the California Labor Code, Wage Orders, applicable regulations, and/or provisions of state law governing wages and hours of work that were brought or that could have been brought in the Class Action based on the facts and allegations asserted in the First Amended Complaint filed in the Class Action, including claims for unpaid overtime wages, double time wages, meal period violations, rest break violations, failure to reimburse for business expenses (including cell phone reimbursement), untimely payment of wages, wage statement violations, and unfair business practices pursuant to Business and Professions Code Section 17200 et seq. (“Released Claims”). As a result of this release, Participating Class Members will not be aggrieved employees for purposes of PAGA for the Released Claims during the Class Period.

The Court will hold a Final Approval Hearing of the settlement on February 4, 2021 at 9:00 a.m.in the Superior Court of California, Spring Street Courthouse, Department 6, located at 312 North Spring Street, Los Angeles, California 90012. If objections have been submitted, the Court will consider them during this hearing. The Final Approval Hearing may be rescheduled to a later time, which time will be listed on the settlement website at www.AhoJHSettlement.com. If there are no objections, the settlement will become final shortly after the Court grants final approval. If there are objections, the settlement will become final after the Court grants final approval and either the time to appeal has expired or any appeal filed has been fully and finally resolved. The Court file in this matter may also be reviewed by making an appointment with the Clerk of the Los Angeles Superior Court.

You are not required to attend the final approval hearing. However, you may appear, or may hire your own attorney at your own expense, to speak at the Final Approval Hearing utilizing the Court’s LACourtConnect system.

The following are important dates and deadlines under the settlement:

Last Day to Submit Request for Exclusion: January 4, 2021

Last Day to Submit Objections: January 4, 2021

Last Day to Challenge Workweek Calculation: January 4, 2021

Final Approval Hearing: February 4, 2021 at 9:00 a.m.

PLEASE DO NOT CONTACT THE COURT, DEFENDANTS, OR DEFENDANTS’ ATTORNEYS WITH INQUIRIES. Instead, you may obtain more information from the following resources: