You were employed and paid on an hourly basis by Peloton Interactive, Inc. (“PELOTON”) and allegedly worked more than 40 hours during any workweek at 2601 49th Ave N, STE 100, Minneapolis, Minnesota 55430, between June 1, 2019 and August 12, 2021, and allegedly were not paid the overtime premium for some or all alleged overtime hours worked. The Court preliminarily approved a Settlement and ordered that we send this Notice to you and other employees in the Class. This Notice explains what you can get from the Settlement and what rights it affects. PELOTON will not and cannot retaliate against you for participation or non-participation in the Settlement. If you are receiving this Notice, you are entitled to submit a Claim Form and to receive money under the Settlement.

This Lawsuit alleges that, in alleged violation of Minnesota and Federal law, hourly employees of PELOTON were allegedly not paid the overtime premium for hours worked greater than 40 hours in a workweek. The Lawsuit asks for damages from PELOTON for the alleged unpaid wages, other applicable penalties, attorneys’ fees, and expenses. PELOTON has and continues to deny the allegations and denies that it committed any wrongdoing of any kind in regard to you or any third party, but has nevertheless agreed to resolve this matter solely to avoid the disruption and expense associated with further litigation. PELOTON maintains that its pay practices have always been in compliance with state and federal law, and that you and all other employees were paid correctly for all hours worked. PELOTON denies any liability or wrongdoing of any kind. Judge Laura Nelson of Ramsey County District Court, State of Minnesota, is overseeing his lawsuit. The lawsuit is known as Trevon Estes v. Peloton Interactive, Inc., Ramsey County District Court, State of Minnesota, Case No. 62-cv-21-5746.

The Settlement Agreement requires that PELOTON create a $60,000 settlement fund against which employees included in the Class may make timely claims using the Claim Form attached to this Notice. Each Settlement Class Member’s share of the settlement was calculated using PELOTON’S records, which accurately reflect the amount of hours worked by and wages paid to each Settlement Class Member between June 1, 2019, and August 12, 2021 (with those dates being the “Relevant Time Period”). Your settlement share is subject to pro rata adjustment depending on final number of class members, and the remaining balance of the settlement fund after payment of any attorneys’ fees and costs awarded, settlement administration costs and expenses, and any class representative award to Plaintiff. PELOTON has agreed to pay a service award of up to $5,000 to Plaintiff Trevon Estes due to his service as the named plaintiff in the Lawsuit. This service award will be paid from the settlement fund.

You must fill out the Claim Form and Substitute W9 Form that are attached to the Notice you received in the mail and return them by e-mail or mail to:

Estes v Peloton
c/o Analytics Consulting LLC
P.O. Box 2002
Chanhassen, MN 55317-2002
Email: info@PelotonOvertimeSettlement.com

The Claim Form must be received or postmarked on or before December 1, 2022. Provided you timely fill out the Claim Form and return it, one check representing your total share of the Settlement will be sent to you at your most current address available at the time of payment, so it is important that you tell the Claims Administrator if you move, or your address has changed.

Your settlement check will have a date on it. The settlement check will be valid for one hundred eighty (180) days following the date on the check, unless the check is returned due to a bad address, in which case, the check will be reissued. You will have 180 days from the reissue date to cash your check. 3 If you lose your check or it is damaged in the mail, contact the Claims Administrator. You may be able to have it reissued, provided you ask within the 180-day time period. If you do not cash your check within 180 days of the date it was issued, your money will not be paid by PELOTON.

The amount you receive will represent alleged liquidated damages sought in the Lawsuit and will not be subject to any withholdings. You will receive a check for this amount and will be issued a Form 1099 from PELOTON as a result of this payment. If you have questions about the tax consequences of the payment to you, you should consult with an accountant or other tax advisor of your choosing, for which you will be responsible for any costs associated with seeking such advice.

You will give up any right to file a separate lawsuit against the Releasees alleging unpaid wages, overtime, breaks, or remuneration of any kind. Even if you do not file a claim form, because you are a member of a certified class for settlement purposes, you give up your right to file claims that PELOTON did not pay you for all of your wages earned prior to the Court’s approval of the settlement. To retain your claims that PELOTON did not pay you for all of your wages earned prior to Court approval of the settlement, you must submit the Opt-Out Form. You are not releasing or waiving any claim wholly unrelated to the same or similar claims as alleged in this Lawsuit such as those covered by workers’ compensation law, or state or federal unemployment compensation laws. Your release of claims will be effective only if the Court grants final approval of the Settlement.

No. As part of the Settlement, the Court appointed the following law firms as the attorneys for the Class in this case (“Class Counsel”):

Joshua R. Williams
Law Office of Joshua R. Williams, PLLC
2836 Lyndale Avenue South, Suite 160
Minneapolis, Minnesota 55408

Adam R. Strauss
Tarshish Cody, PLC
6337 Penn Avenue South
Minneapolis, Minnesota 55423

To date, Class Counsel has been litigating this Lawsuit without being paid, while advancing the costs and expenses of litigation on behalf of the Class. Under the Settlement, Class Counsel may request that the Court award up to $20,000 for reasonable attorneys’ fees, costs and expenses incurred in litigating this Lawsuit on behalf of the Class, and up to $5,000 as a service award to Plaintiff. PELOTON will pay Class Counsel’s fees, costs and expenses and Plaintiff’s service award in the amount awarded by the Court, but in no event will that amount be greater than those amounts identified in this Notice. The settlement fund shall also cover cost of notice and administration of the settlement to the Claims Administrator.

The Final Approval Hearing will be held on December 16, 2022 at 9:00 a.m. via Zoom. The Court will provide the login information before the hearing. At that hearing, the Court will determine if the Settlement is fair, reasonable, adequate, and in the best interests of the group of PELOTON employees defined in the beginning of this Notice. The Court may postpone the hearing or change its location without further notice to you. You are not required to attend the Final Approval Hearing. If you are satisfied with the Settlement, there is no need for you to appear.

You can opt-out of the settlement and get no money from it or object to it.

If you do not want to participate in the Settlement, complete and mail the Opt Out Form to Estes v Peloton, c/o Analytics Consulting LLC, P.O. Box 2002, Chanhassen, MN 55317-2002.

The Opt Out Form must be received or postmarked on or before December 1, 2022.

If you have an objection to the settlement, you must state it in writing and mail it to Joshua R. Williams, Law Office of Joshua R. Williams, PLLC, 2836 Lyndale Avenue South, Suite 160, Minneapolis, Minnesota 55408 on or before December 1, 2022.

All objections must state the name and number of the Lawsuit, which is Estes v. Peloton Interactive, Inc., Ramsey County District Court, State of Minnesota, Case No. 62-cv-21-5746.

If you do not follow the procedures for objecting described above, you will be deemed to have waived any objection to the Settlement and will have released the claims covered by the Settlement. If you send a statement in writing of your objection, you may also come to the Court for the Approval Hearing to have your objections heard by the Court orally. Any attorney who will be representing anyone at the Final Approval Hearing must file a notice of appearance with the Court at least 14 days before the Hearing.

The Notice is only a summary of the Case and the Settlement. For a more detailed statement of the Case or Settlement, you may refer to the court filings, the Settlement Agreement, and the other papers filed in the Case, which you can inspect at Minnesota Courts Records Online,  https://publicaccess.courts.state.mn.us.

You also may obtain a copy of the Settlement Agreement here or obtain further information regarding the Settlement from the Claims Administrator at:

Estes v Peloton
c/o Analytics Consulting LLC
P.O. Box 2002
Chanhassen, MN 55317-2002

Email: info@PelotonOvertimeSettlement.com

Toll-free: 877-507-0472