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This is a court-authorized notice. This is not a solicitation or advertising from a lawyer.

PLEASE READ THIS NOTICE CAREFULLY
A Proposed Class and Collective Action Settlement May Affect Your Rights.
You are entitled to compensation if you received this notice.

The Court has not decided in favor of Plaintiffs or SEKO (“Defendant”). Instead, Plaintiffs and Defendant have agreed to settle the case to avoid the uncertainty, risks, delay, and expense of continuing the lawsuit. Should the Court approve the settlement, Defendant will make payments to all workers who qualify under the settlement. Your legal rights are affected by this Settlement, and these rights and options – and the deadlines to exercise them – are explained in this Notice. Please read the following pages carefully.

IMPORTANT BACKGROUND INFORMATION

• This lawsuit was brought by current and former warehouse workers, on behalf of themselves and other warehouse workers (“Plaintiffs”), against their current or former employer SEKO Worldwide LLC (“SEKO” or “Defendant”), alleging that SEKO failed to pay them the minimum and/or overtime and/or other wages required by the Fair Labor Standards Act (“FLSA”) and New York Labor Law (“NYLL”), and also to provide them with the employment notices and wage statements required by the NYLL.


• SEKO has denied and continues to deny the allegations in Plaintiffs’ Complaint. Nonetheless, without SEKO admitting any fault, the parties have agreed to settle the case to avoid the burden, expense, and uncertainty of continuing litigation.


• Magistrate Judge Lois Bloom of the Federal District Court for the Eastern District of New York is presiding over this class action. The consolidated case name is Joefield v. SEKO Worldwide LLC, and the case number is No. 22-cv-6822.


• The court in charge of this case must approve the settlement. Payment will be made only if the court approves the settlement. Please be patient as the court approval process takes time.


• The court will hold a hearing about the fairness of the settlement on April 8, 2025 at 10:00 am (the “Fairness Hearing”).

BASIC INFORMATION

WHAT IS A CLASS ACTION?

In a class action lawsuit, one or more people called “Class Representatives” (in this case Jahreme Joefield, Earl Williams, Duke Scatliffe, Hasheem Scatliffe and Shavouy Paisley) sue on behalf of other people who have similar claims. The people together are a “Class” or “Class Members.” One court resolves issues for all Class Members, except for those who exclude themselves from the Class.

WHY DID I GET THIS NOTICE?

Magistrate Judge Bloom decided that everyone who fits this description is a Class Member: “Class Members” means all individuals who were employed by SEKO as warehouse workers who performed work loading and unloading trucks, or loading and unloading freight in the warehouse, or breaking down and arranging shipments, and worked at a warehouse located at 150-15 183rd Street, 147-04 183rd St., or 18454 149th Avenue in Queens, New York at any time between January 1, 2020 through December 31, 2022. SEKO’s records show that you are a Class Member and Plaintiffs’ counsel believes that everyone receiving this notice worked without being properly compensated.

ARE THERE EXCEPTIONS TO BEING INCLUDED?

You are not a Class Member if you did not work for SEKO as a warehouse worker at one of the above-mentioned SEKO warehouses in Queens, New York at any time between January 1, 2020 through December 31, 2022.

I’M STILL NOT SURE IF I AM INCLUDED?

If you are still not sure whether you are included, you can ask for free help. You can call Class Counsel at (212) 509-1616, Extension No. 110, for more information. Please ask for Edwin Gonzalez.

THE SETTLEMENT BENEFITS – WHAT YOU GET

WHAT DOES THE SETTLEMENT PROVIDE?

If you do not exclude yourself and the court approves the settlement, your payment will be primarily based on the number of weeks you worked for SEKO. Awards may range from a minimum amount of $75 to over $16,000.00.

Individuals who opt-in to the Collective Action portion of this lawsuit by filling out and submitting the attached form are eligible to receive 100% of their pro rata (or proportional) share of the settlement, with the minimum compensation being $100. Individuals who do not fill out the attached form and Opt-in to the Collective Action portion of this lawsuit are only eligible to receive 75% of their pro rata share, with the minimum compensation being $75.

The settlement will be paid for claims related to: minimum wage, overtime wages, and spread of hour wages required by the Fair Labor Standards Act (“FLSA”) and New York Labor Law (“NYLL”), and employment notices and wage statements required by the NYLL.

HOW YOU GET A PAYMENT AND RELEASE OF CLAIMS

HOW CAN I GET A PAYMENT?

If you have received this Notice and you do nothing, you will automatically receive a settlement payment so long as the (i) Court approves the settlement and any appeals are resolved in favor of the settlement, (ii) the Claims Administrator has your social security number/tax identification number and address on file. This payment is for your state-law claims under the NYLL.

If you fill out and return the Opt-in and Consent form, you will be entitled to additional compensation for your FLSA claims.

WHEN WOULD I GET MY PAYMENT?

The Court will hold a hearing on April 8, 2025 at 10:00 am to decide whether to approve the settlement. If Magistrate Judge Bloom approves the settlement after that, there may be appeals. It is always uncertain whether these appeals can be resolved, and resolving them can take time. Please be patient.

Once the Judge has approved the settlement and any appeals are exhausted and you have not excluded yourself, you will receive payment within approximately 21 days thereafter.

If your contact information changes, you must notify the Settlement Administrator of your new address immediately to ensure that you will receive your check by mail.

WHAT AM I GIVING UP TO GET A PAYMENT?

If you do not exclude yourself from the settlement, you will give up your state law legal claims against SEKO for the period between January 1, 2020 and December 13, 2024. This means that you will be unable to sue, continue to sue, or be part of any other lawsuit against SEKO concerning any of the issues in this case. It also means that all of the Court’s orders in this case will apply to you and legally bind you.

Specifically, by not excluding yourself from the settlement, you will fully release Defendant SEKO and its respective past and present officers, members, stockholders, directors, employees, agents, partners, representatives, insurers, reinsurers, successors, predecessors, assigns, agents, affiliates, parents, subsidiaries, divisions, attorneys, benefit plans, plan fiduciaries, and/or administrators, and other related entities and persons (“Releasees”), from all claims under the New York Labor Law including unpaid regular and overtime wages, wage notice and wage statement violations, spread of hours, all derivative benefit claims (both ERISA and non-ERISA benefits), interest on such claims, and attorneys’ fees and costs related to such claims through the date of the Preliminary Approval Order.

If you submit an Opt-in form by the deadline and do not exclude yourself from the settlement, you will also release SEKO and the Releasees from claims under the federal Fair Labor Standards Act, including but not limited to any and all claims for unpaid minimum or overtime wages, failure to maintain and furnish employees with proper wage records, claims to recover claims, meal break claims, all other claims that were or could have been asserted in the Litigation, whether known or unknown, under the FLSA and federal regulation through the date of the Preliminary Approval Order, unreimbursed expenses, statutory penalties, any related wage and hour claims, all derivative benefit claims (both ERISA and non-ERISA benefits), interest on such claims, and attorneys’ fees and costs related to such claims through the date of Preliminary Approval.

EXCLUDING YOURSELF FROM THE SETTLEMENT

If you don’t want a payment from this settlement, but you want to keep the right to sue or continue to sue Defendant on your own about the issues in this case, then you must take steps to get out. This is called excluding yourself – or is sometimes referred to as opting out of the state law Settlement Class. By opting out of the state law settlement, you are also declining to opt in to the FLSA portion of the settlement.

HOW DO I EXCLUDE MYSELF FROM THE SETTLEMENT?

To exclude yourself from the settlement, you must mail or email a written, signed statement to the Settlement Administrator, Simpluris. This signed statement must include (1) your name, (2) address, and (3) telephone number(s), and it must state (4) “I opt out of the SEKO unpaid wages settlement in Joefield v. SEKO Worldwide LLC, Eastern District of New York Case No. 22-cv-6822.” The written opt-out statement must be postmarked or emailed no later than February 21, 2025. The Settlement Administrator’s address, email address, phone and fax numbers are:

Joefield v. SEKO Worldwide LLC
c/o Simpluris
P.O. Box 26170, Santa Ana, CA, 92799
Email: info@Queenswarehouseworkersettlement.com
Phone: (888) 369-3780
Fax: (714) 824-8591

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 this settlement resolves. If you have a pending lawsuit, speak to your lawyer in that case immediately. You must exclude yourself from this Class to continue your lawsuit.

IF I EXCLUDE MYSELF, CAN I GET MONEY FROM THIS SETTLEMENT?

No. If you exclude yourself from the settlement, you will not receive payment pursuant to it. However, you may sue, continue to sue, or be part of a different lawsuit against Defendant under the NYLL, FLSA, or any other law if you are not too late under the applicable statute of limitations.

OBJECTING TO THE SETTLEMENT

You can tell the Court you don’t agree with the settlement or some part of it.

HOW DO I TELL THE COURT THAT I DON’T LIKE THE SETTLEMENT?

If you do not exclude yourself from the settlement, you may object to the terms of any part of the settlement. You can give reasons why you think the Court should not approve it. To object, you must send a written statement to the Settlement Claims Administrator that includes your name, address, and telephone number(s). The Settlement Administrator’s address, email address, phone and fax numbers are:

Joefield v. SEKO Worldwide LLC
c/o Simpluris
P.O. Box 26170, Santa Ana, CA, 92799
Email: info@ Queenswarehouseworkersettlement.com
Phone: (888) 369-3780
Fax: (714) 824-8591

To be valid, any objection must be in writing and contain all of the following:

1. Reference to Joefield et al v. SEKO Worldwide LLC;


2. the objector’s full name, address and telephone number;


3. the written statement “I object to the settlement in the SEKO class action” or words to that effect and all reasons for the objection (any reasons not included in the statement will not be considered unless the Court rules otherwise);


4. a statement of whether the objector intends to appear at the Fairness Hearing;


5. only if the objector intends to appear at the Fairness Hearing through counsel, a statement identifying all attorneys representing the objector who will appear at the Fairness Hearing. All attorneys representing the objector must file with the Court and serve on the Settlement Administrator, Class Counsel and Defense Counsel a notice of appearance no later than fourteen (14) calendar days after the Bar Date (60 days after this notice was mailed), and include a statement of whether counsel intends to appear at the Fairness Hearing;


6. In addition, any objection filed with the assistance of an attorney or law firm staff must contain all of the following to be valid:


1. A written statement of any legal support for such objection;
2. Copies of any papers, briefs, or other documents upon which the objection is based;
3. A list of all persons who will be called to testify in support of the objection, if any; and
4. A statement of the Class Member’s membership in the Class.

The written objection statement must be postmarked or emailed no later than 60 days from the date upon which this Notice is mailed or electronically transmitted to you. Any reasons not included in the statement will not be considered by the Court.

Any objections that are not submitted on time or in accordance with the procedures in this notice will be waived. Any Class Member who fails to send a valid written objection by the deadline gives up their right to object to the settlement and will not be allowed to seek any review of the settlement, including an appeal.

You have the right to retain a lawyer at your own expense to present your objection. If you retain a lawyer, he/she/they must follow the procedure in this section.

An objection may be withdrawn at any time.

FLSA Collective Members (meaning those who timely submit the FLSA Opt-In Form) have the right to speak at the Fairness Hearing and may ask the judge for permission to do so.

WHAT’S THE DIFFERENCE BETWEEN OBJECTING AND EXCLUDING?

Objecting is simply telling the Court that you don’t like something about the settlement. You can object if you stay in the Class. Excluding yourself is telling the Court that you don’t want to be part of the settlement. If you exclude yourself, you have no basis to object to the settlement because it no longer affects you. If you object to the settlement but the court later approves the settlement, you will still be legally bound by the settlement and will still be mailed a settlement check.

THE LAWYERS REPRESENTING YOU

DO I HAVE A LAWYER IN THIS CASE?

The Court has decided that the law firm of Menken Simpson & Rozger LLP, www.nyemployeelaw.com, (212) 509-1616, Ext. 110, is qualified to represent you and all Class Members. These lawyers are called Class Counsel. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

HOW WILL THE LAWYERS BE PAID?

Class counsel will ask the Court to approve payment of up to one-third (33.33%) of the gross settlement amount to them for attorneys’ fees, plus their costs. These fees would pay Class Counsel for investigating the facts, litigating the case, and negotiating the settlement. The Court may award less than these amounts.

WHAT IS A SERVICE AWARD?

Class Counsel will also ask the Court to authorize a service award to be paid from the settlement fund to the Class Representatives who contributed in a significant way by bringing this action and providing important information used to achieve the settlement. The service award is also in recognition of the risks these individuals took in coming forward publicly. Class Counsel will request that the Court approve service awards of no more than $15,000 for Jahreme Joefield to be distributed from the settlement fund. Class Counsel will request that the Court approve service awards of no more than $7,500 for Earl Williams, Duke Scatliffe, Hasheem Scatliffe and Shavouy Paisley, and a service award of no more than $2,500 for Kyle Jemmott.

WHO IS THE SETTLEMENT ADMINISTRATOR?

The parties have hired Simpluris to provide this notice to you and to administer the settlement payments for a fee of up to $25,000 to be paid out of the total settlement fund.

THE COURT’S FAIRNESS HEARING

The Court will hold a hearing to decide whether to approve the settlement. You may attend and you may ask to speak, but you don’t have to.

WHEN AND WHERE WILL THE COURT DECIDE WHETHER TO APPROVE THE SETTLEMENT?

The Court will hold a Fairness Hearing on April 8, 2025 at 10:00 am at the United States District Court for the Eastern District of New York, 225 Cadman Plaza E, Brooklyn, NY 11201, inside the courtroom of Magistrate Judge Lois Bloom, Courtroom 11A. At this hearing, the Court will consider whether the settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. Magistrate Judge Bloom will listen to people who have asked to speak at the hearing. The Court may also decide how much to pay to Class Counsel. After the hearing, the Court will decide whether to approve the settlement. We do not know how long these decisions will take.

DO I HAVE TO COME TO THE HEARING?

No. Class Counsel will answer questions that Magistrate Judge Bloom may have. However, you are welcome to come at your own expense. If you send an objection, you don’t 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 it’s not necessary.

MAY I SPEAK AT THE HEARING?

You may ask the Court for permission to speak at the Fairness Hearing, although you cannot speak at the hearing if you excluded yourself from the settlement.

IF YOU DO NOTHING

WHAT HAPPENS IF I DO NOTHING AT ALL?

If you do nothing, you will automatically receive a settlement payment for the NYLL claims, so long as the Settlement Administrator has your address and social security number on file.

GETTING MORE INFORMATION

ARE MORE DETAILS AVAILABLE?

This notice summarizes the proposed settlement to Class and Collective Members. You can get more information, including a copy of the Settlement Agreement, by contacting the Settlement Administrator, Simpluris, at (888) 369-3780 or info@ Queenswarehouseworkersettlement.com, or you can contact Counsel for the Plaintiffs, Menken Simpson & Rozger LLP at (212) 509-1616, Ext. 110 or at egonzalez@nyemployeelaw.com.

PLEASE DO NOT CONTACT THE JUDGE’S CHAMBERS OR THE CLERK OF THE COURT WITH ANY QUESTIONS ABOUT THIS LAWSUIT.