Frequently Asked Questions

1. Why did I get the Notice?

Defendant’s records show that you were employed by Defendant in the State of Washington sometime between October 3, 2021, and October 27, 2025, and paid on an hourly basis. The Court has authorized the Notice to be sent to you to inform you about a proposed settlement of a class action lawsuit, and about your options, before the Court decides whether to grant its final approval of the Settlement. If the Court approves the Settlement, and after any appeals are resolved, payments will be made to Settlement Class Members who do not affirmatively request to be excluded from the Settlement.

The Notice explains the Case, the Class Action Settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them.

2. What is this Case about?

The Plaintiff, former employee Trishelle Garner, claims that Defendant violated Washington State wage and hour laws by failing to provide legally compliant meal and rest periods and pay all owed wages. Defendant has denied the Plaintiff’s claims.

The Honorable Timothy L. Ashcraft, of the Superior Court for the State of Washington in and for Pierce County, is overseeing this Class Action. The lawsuit is known as Trishelle Garner v. Amazon Retail LLC, Pierce County Superior Court Civil Case No. 24-2-11344-0 (the “Case”).

3. What is a class action and who is involved?

In a class action lawsuit, one or more people called a “Class Representative” sues on behalf of other people whom they believe have similar claims. The people together are a “Class” or “Class Members.” The employee who sued, and who represent the Class, is called the Plaintiff. Trishelle Garner is the Class Representative and Plaintiff in the Case.

The entity the Plaintiff sues is called the Defendant. Amazon Retail LLC is the Defendant. In a class action, one court resolves the issues for everyone in the Class—except for those people who choose to exclude themselves from the Class.

4. Why is there a settlement?

The Court did not decide in favor of the Plaintiff or Defendant. Instead, both sides agreed to a settlement. This allows the parties to avoid the cost of a trial, and the people affected will be entitled to compensation. The Class Representative and her attorneys think the Settlement is best for everyone in the Class.

5. How do I know whether I am part of the Settlement?

As part of the Settlement of the Case, the Pierce County Superior Court has decided that everyone who fits the following description is a Class Member:

All individuals who were employed by Amazon Retail LLC in the State of Washington at any time from October 3, 2021, through October 27, 2025, in positions paid on an hourly basis.

If it is approved, the Settlement will cover all Settlement Class Members who have not timely and affirmatively excluded themselves from the Case. To be a part of and receive any money pursuant to the Settlement, Settlement Class Members need do nothing (other than refrain from affirmatively opting out of the Settlement).

6. What claims are covered by the Settlement?

The Settlement will resolve all of the claims of Settlement Class Members, whether known or unknown, that were brought or that could have been brought based on any facts alleged in the Case, including, but are not limited to any claims arising out of or relating to (1) any alleged missed, interrupted, shortened, untimely, unpaid, and/or non-compliant rest breaks and/or meal periods and (2) any attendant claims for unpaid wages, overtime payments, premium payments, interest, exemplary damages, and attorney’s fees and costs relating to any of the foregoing.

7. What are the basic terms of the Settlement?

Subject to Court approval, the essential terms of the Settlement are as follows:

Defendant will pay a total of $2,000,000.00 as part of the Settlement, apportioned as follows:

• Class Fund: Approximately $1,263,333.33, which will be available for the payment of Settlement Awards to Settlement Class Members who do not timely opt out of this Settlement.

• Service Award: Up to $20,000.00 to Plaintiff and Class Representative Trishelle Garner as a service award, in recognition of her efforts in prosecuting the Case.

• Settlement Administration Expenses Award: Up to $40,000.00 to the Settlement Administrator for the processing of the Settlement, including the expenses of providing notice to Settlement Class Members, handling the claims administration process, processing payments to Settlement Class Members, and handling tax reporting requirements.

• Attorney's Fees and Costs Award: Up to $666,666.67 to Plaintiff's attorneys for the attorney's fees award and up to $10,000.00 for actual litigation costs they have incurred and will incur through final judgment in representing Plaintiff and the Settlement Class.

Monetary Relief: The amount available to the Settlement Class is intended to compensate Settlement Class Members for the wages and other compensation they allegedly lost and damages they are allegedly owed as a result of the practices alleged in the Case.

Distribution of Class Fund: Each Settlement Class Member who does not submit a valid and timely request for exclusion will automatically receive a settlement payment. Each Settlement Class Member who does not request exclusion shall receive a minimum settlement payment of $50.00. The remaining amounts after minimum payments from the class fund will be allocated to individual Settlement Class Members pro rata by dividing each Settlement Class Member’s total wages paid by Defendant during the Settlement Class Period by the total aggregate wages paid by Defendant to all Settlement Class Members and then multiplying the resulting ratio by the remaining amounts in the Class Fund. Checks will be mailed to Settlement Class Members by the Settlement Administrator. If any checks have not been negotiated within one hundred twenty (120) calendar days after distribution, the funds from those checks will be sent in the corresponding Settlement Class Member’s name to the Unclaimed Property Fund for the State of Washington pursuant to the Unclaimed Property Act (RCW 63.29 et seq). Defendant will not receive funds from any uncashed checks.

Tax Treatment of Settlement Awards: Fifty Percent (50%) of each Settlement Class Member’s settlement award will be treated as wages and subject to normal tax withholding and shall be reported to the taxing authorities and the Settlement Class Member on an IRS Form W 2. Fifty Percent (50%) of each Settlement Class Member’s settlement award will be treated as non-wages (a combination of penalties, enhancements, and prejudgment interest) on which there will be no tax withholding and for which an IRS Form 1099-MISC (marked “Other Income”) shall be issued to the taxing authorities and the Settlement Class Member. Each Settlement Class Member who receives any payment pursuant to this Settlement Agreement shall be solely responsible for all other individual tax obligations.

Release of Claims: Upon final approval by the Court, the Settlement Class and each Settlement Class Member who has not submitted a valid and timely written request to be excluded from the Settlement will irrevocably release all of the Released Claims against Defendant relating to the period from October 3, 2021, through and including October 27, 2025. This Release specifically includes any claims, actions, demands, causes of action, suits, debts, obligations, rights, liabilities, or legal theories of relief, arising out of or relating to: (1) any alleged missed, interrupted, shortened, untimely, unpaid, and/or non-compliant rest breaks and/or meal periods; and (2) any attendant claims for unpaid wages, overtime payments, premium payments, interest, exemplary damages, and attorneys’ fees and costs relating to any of the foregoing. The period of the Released Class Claims shall extend to the limits of the Settlement Class Period. The res judicata effect of the Court’s judgment will be the same as that of the Released Claims.

This Release requires you to waive and precludes you from bringing any Released Claims against Defendant Amazon Retail LLC as well as each of its successors and assigns, together with each of its respective past, present, or future, direct or indirect parent companies, subsidiaries, related or affiliated companies, divisions, members, shareholders, owners, governors, investors, operators, officers, directors, employees, agents, partners, managers, representatives, administrators, attorneys, insurers, predecessors, successors, assigns, and joint ventures, along with any other individual or entity who could be jointly or severally liable for any of the claims alleged in the Case or released by this Agreement.

Dismissal of Action: Upon final approval, the Court will enter a judgment of dismissal of the Case with prejudice but shall retain jurisdiction to enforce the terms of the Settlement Agreement.

8. How can I get a payment?

To get a payment, you don’t need to do anything. As long as you do not submit a written request to be excluded (“opt-out”) from the Settlement, you will be a Settlement Class Member and will be entitled to payment.

9. When would I get my payment?

The Court will hold a hearing on May 22, 2026, to decide whether to finally approve the Settlement. If the Pierce County Superior Court approves the Settlement, the parties will then have to wait to see whether there is an appeal. This will take at least thirty (30) days and, if there is an appeal, can take up to a year or more to resolve. In the event of an appeal, information regarding the appeal’s progress will be made available on this website. If there is no appeal, payments are expected to go out within approximately sixty (60) days of the Court’s final approval of the Settlement. Please be patient.

10. Do I have a lawyer in this case?

The Court has decided that James B. Pizl, and the attorneys at the law firm Entente Law PLLC, and Timothy W. Emery, and the attorneys at the law firm Emery Reddy PC, are qualified to represent you and all Settlement 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.

11. How will the lawyer be paid?

As indicated above, Class Counsel will seek payment of their attorney’s fees in the amount of $666,666.67, and their litigation costs in an amount of up to $10,000.00, each of which must be approved by the Court as part of the final approval of this Settlement. Class Counsel has been working on this case since approximately October 2024 and has not received any fees or reimbursements for the costs of the lawsuit.

12. How do I exclude myself from the Settlement?

If you fit the definition of a Settlement Class Member and want to exclude yourself from the Settlement, you must request exclusion in writing by April 30, 2026. You may be excluded as a member of the class by submitting a written request stating, “I request that I be excluded from the Class in the case of Trishelle Garner v. Amazon Retail LLC.” The request must include your name, address, and signature.

Pierce County-Clerk of Superior Court
930 Tacoma Avenue South
Tacoma WA 98402

If you exclude yourself from the Settlement (i.e., opt out), you will not receive any payment from the Settlement. You will also not be entitled to object to the Settlement. If you exclude yourself, you will not be bound by the terms of the Settlement, including the Release described in FAQ 6 and FAQ 7, above. This means you will retain the right at your own expense to pursue any claims you may have against Defendant.

13. If I don't like the Settlement, how do I tell the Court?

If you are a Settlement Class Member, and have not excluded yourself from the Settlement, and do not like the Settlement or the fee request, you can object. You must do so in writing, and you must state the reasons why you think the Court should not approve the Settlement. If you object, be sure to include your name, address, and telephone number, the name of the Case (Trishelle Garner v. Amazon Retail LLC, Pierce County Superior Court Civil Case No. 24-2-11344-0), the reasons you object to the Settlement, and a signature. You must mail a copy of the objection to the following address postmarked no later than April 30, 2026:

Pierce County-Clerk of Superior Court
930 Tacoma Avenue South
Tacoma WA 98402

14. When and where will the Court decide to approve the Settlement?

The Court will hold a Fairness Hearing at 9:00 a.m. on May 22, 2026, at the Pierce County Superior Court, 930 Tacoma Ave S. Rm. 334, Tacoma, WA 98402.

If there are objections, the Court will consider them. Judge Ashcraft will listen to people who have asked to speak at the hearing (see FAQ 16). After the hearing, the Court will decide whether to finally approve the Settlement, including Class Counsel’s request for attorney’s fees and litigation costs, Settlement Administration Expenses, and Service Award for the named Plaintiff. We do not know how long that decision will take.

15. Do I have to come to the hearing?

No. Class Counsel will answer any questions Judge Ashcraft may have, but you are welcome to attend at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as your written objection was mailed on time, the Court will consider it. You may also pay your own lawyer to attend, but that is not necessary.

16. May I speak at the hearing?

You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must send a letter saying it is your “Notice of Intention to Appear in Trishelle Garner v. Amazon Retail LLC, Pierce County Superior Court Civil Case No. 24-2-11344-0” Be sure to include your name, address, phone number, and your signature. Your Notice of Intention to Appear must be postmarked no later than April 30, 2026, and be sent to the Court, Class Counsel, and Defense Counsel at the addresses set forth below:

17. What happens if I do nothing at all?

If you do nothing—that is, if you do not mail or deliver a timely written request to exclude yourself from the Settlement—you will be part of the Settlement Class and will be entitled to a share of the Settlement. You will also be bound by the terms of the Settlement, including the Release described in FAQ 6 and FAQ 7, above.

18. Are there more details about the Settlement?

This website and the Notice summarize the proposed settlement. More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement by going to the Important Documents page, which has a copy of the Settlement Agreement posted. Plaintiff’s motion for final approval of the Settlement Agreement, including Class Counsel’s request for attorney’s fees, costs, Service Award for the named Plaintiff, and Settlement Administration Expenses, and will be available for you to review on May 22, 2026, here.