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> Frequently Asked Questions
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This page provides the answers to class members' most frequently asked questions.

The information provided is in summary form and is not intended as a complete explanation of your rights. For full and complete information, you are directed to review carefully the Notice of Proposed Settlement, Notice of Fairness Hearing.
Am I being sued?
How do I know if I am a class member?
What is this Settlement about?
What does the Settlement provide?
What are my rights?
Who represents me?
Who pays Class Counsel?
Should I get my own lawyer?
When is the Settlement Fairness hearing?
How can I obtain additional information on the case?
Top Q: Am I being sued?

A:

 No, you are not being sued.
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Top Q: How do I know if I am a class member?

A:

If you received a notice and claim form in the mail, class counsel has reason to believe that you are a class member. The class is defined as non-exempt, non-supervisory employees of Hutchinson Technology who were required to don protective gear prior to the start of their shifts and doff protective gear at the end of their shifts. For these individuals employed in Minnesota, the class period runs from August 28, 2003 through December 29, 2007. For these individuals employed in South Dakota or Wisconsin, the class period runs from June 14, 2004 through December 29, 2007.

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Top Q: What is this Settlement about?

A:
The lawsuit alleges that members of the class are owed wages under the federal Fair Labor Standards Act, and various state law claims, for the time they spent putting on and taking off special equipment, such as smocks, hairnets, facemasks, gloves, and beard guards, for time spent waiting to put on and take off this equipment and for time spent walking from changing areas to workstations and back. In agreeing to the Settlement HTI is not admitting it broke any laws.
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Top Q: What does the Settlement provide?
  A:
The amount available to each class member has been fixed in accordance with a formula which accounts for the days and hours each individual worked during the class period, and the pay rate for each individual. The amount to be paid to individual class members ranges from less than one dollar to over $1,200.
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Top Q: What are my rights?
  A:

If you are a member of the class then you have four options: you may submit a claim, you may exclude yourself from the settlement, you may object to the settlement, or you may do nothing.

First, you may submit a claim. If you are a member of the class, you may have the right to receive money from the settlement provided you submit a claim form postmarked no later than July 14, 2008.

Second, you may exclude yourself from the settlement. If you do not want to participate in the settlement, you may exclude yourself; you will not be bound by any orders in this settlement, nor will you receive any money. You must mail your request for exclusion postmarked no later than July 14, 2008. Please refer to the Notice for additional details regarding how to request exclusion from this settlement.

Third, you may object to the settlement. If you wish to object to the settlement or any part of the settlement, your objection must be received by the Clerk of the Court before 5:00 pm on July 14, 2008.

Finally, you can do nothing. If you do nothing, you will be bound by the terms of the Settlement, but you will not receive any money.
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Top Q: Who represents me?
  A:

The Court has appointed Rajkowski Hansmeier, Ltd. and Murnane Brandt as class counsel. You may contact these attorneys at:

Rajkowski Hansmeier, Ltd
Gordon Hansmeier, Troy Poetz, and Greg Haupert
11 Seventh Avenue North
P.O. Box 1433
St. Cloud, MN 56302-1433
Toll-Free Telephone: (800) 445-9617
Fax: (320) 251-5896
Website: www.rajhan.com

-or-

Murnane Brandt
William Moran
30 East Seventh Street
Suite 3200
St. Paul, MN 55101
Telephone: 651-251-8317
Fax: 651-223-5199
Website: www.murnane.com
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Top Q: Who pays Class counsel?

A:
Class counsel will ask the Court for an award of reasonable attorneys' fees and expenses in an amount not to exceed $625,000 to be paid by HTI. Class counsel will also ask the Court to award reasonable litigation expenses and costs in an amount not to exceed $90,000 to be paid by HTI.
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Top Q: Should I get my own lawyer?

A:

You do not have to hire your own lawyer because the court has already appointed class counsel to represent your interests. If you want your own lawyer, you can hire one, at your own expense. If you want to file your own case, you must ask to be excluded from the class action. To file your own case, you must hire your own lawyer or proceed “pro se” (meaning without a lawyer).
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Top Q: When is the Settlement Fairness Hearing?
  A:
There will be a hearing before United States District Court Judge Donovan W. Frank on September 11, 2008, at 9:30 a.m. at the United States Courthouse, 300 South 4th Street, Minneapolis, Minnesota 55415. At this hearing, the Court will decide whether the settlement is fair, reasonable, and adequate. You do not have to be present to receive your settlement money. If the Court approves the settlement, you will receive your money, if you are a class member and returned your claim form postmarked no later than July 14, 2008.
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Top Q: How can I obtain additional information on the case?

A:

You may obtain additional information by calling 1-877-456-9347 or by contacting class counsel (refer to Who represents me? above).

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