NOTICE OF CLASS ACTION SETTLEMENT

Transcription

1 NOTICE OF CLASS ACTION SETTLEMENT TO: ALL CURRENT AND FORMER EMPLOYEES OF MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED ("MERRILL LYNCH") WHO WERE EMPLOYED BY MERRILL LYNCH ANYWHERE IN THE UNITED STATES, WASHINGTON, D.C. OR PUERTO RICO (EXCEPT CALIFORNIA) AS FINANCIAL ADVISORS, PROFESSIONAL DEVELOPMENT PROGRAM FINANCIAL ADVISORS, PATHS OF ACHIEVEMENT PROGRAM FINANCIAL ADVISORS, OR FINANCIAL ADVISOR TRAINEES (COLLECTIVELY REFERRED TO AS "FINANCIAL ADVISORS" OR "FAs") DURING THE APPLICABLE "RECOVERY PERIOD" LISTED IN TABLE 1 BELOW: THIS NOTICE MAY AFFECT YOUR RIGHTS. PLEASE READ IT CAREFULLY. THE FOLLOWING NOTICE EXPLAINS A SETTLEMENT OF DISPUTED CLAIMS. THE COURT HAS NOT EXPRESSED AN OPINION ON THE MERITS OF ANY CLAIM OR DEFENSE RAISED BY THE PARTIES. I. INTRODUCTION AND SUMMARY OF UNDERLYING ACTION This is to notify you of a class action settlement ("Settlement") that was reached concerning the compensation of Merrill Lynch's Financial Advisors who were employed in the United States (including Washington, D.C. and Puerto Rico, but excluding California). You received this Notice because, according to Merrill Lynch's records, you are a member of the proposed Class and are eligible to participate in the Settlement. This Notice will provide instructions on the options available to you. In particular, in Section III below, this Notice will explain how you can either: (1) make a claim for payment under the Settlement; (2) object to the Settlement; or (3) exclude yourself from the Settlement. If you do nothing in response to this Notice, you will be bound by the Settlement and judgment, including the Release of Claims described in Section II(E) below, but you will not receive any settlement payment. The attorneys for the Class ("Class Counsel") encourage you to read this Notice carefully and to participate in the Settlement by submitting a Claim Form. Merrill Lynch takes no position as to how you should respond, and your decision about whether or not to participate in the Settlement will have no effect on your relationship with the firm. Under federal law, you cannot be harassed or retaliated against for making a claim under this Settlement. In February 2006, an action was filed in the U.S. District Court for the Eastern District of Pennsylvania against Merrill Lynch on behalf of a putative class of Financial Advisors employed in the State of Pennsylvania. Subsequently, ten (10) other putative class action lawsuits were filed against Merrill Lynch in the U.S. District Courts for the Districts of New Jersey, the Eastern District of New York, the Southern District of New York, the District of Oregon, the Eastern District of Washington, and the Eastern District of Texas. In general, these lawsuits allege that Merrill Lynch should have paid its FAs overtime pay because they do not qualify as "exempt" under the Fair Labor Standards Act ("FLSA") or under state law. They also allege that Merrill Lynch took improper deductions from FA wages to pay for various business-related expenses, such as trading errors or staff support, in violation of state law. As part of this Settlement, the plaintiffs in these 11 lawsuits filed one consolidated action in the United States District Court for the District of Oregon, Case No. CV These 11 lawsuits and the Consolidated Action are collectively referred to as the Litigation. Merrill Lynch has reviewed the claims in detail, and it has denied any wrongdoing or liability in this matter. Specifically, Merrill Lynch denies that its FAs were misclassified as exempt or owed any overtime and believes that the alleged "deductions" at issue are a permissible component in the calculation of incentive compensation. Merrill Lynch values its reputation as a responsible company and employer, and it has worked with the plaintiffs and their counsel to resolve this matter and resolve any possible questions and avoid the further expense and burden of litigation pursuant to the procedure set forth in this Notice. Subject to Court approval, the parties have entered into a settlement agreement that provides for the certification of a class consisting of FAs for settlement purposes only. II. DESCRIPTION OF THE SETTLEMENT The most important terms of the Settlement are discussed below. A full copy of the "Joint Stipulation of Settlement of Class Action and Release" ("Stipulation"), as well as the amendments to the Stipulation and other public documents filed in this matter, may be inspected in the Office of the Court Clerk. Please see Section VI of this Notice for further details. A. Maximum Settlement Amount. Merrill Lynch has agreed to pay up to $43,500,000 (the "Maximum Settlement Amount") in full and final settlement of the Litigation. The Maximum Settlement Amount will be used to pay the timely and valid claims of the Class members, as well as all claims for attorneys' fees, litigation expenses, class representative enhancements, and the costs of claims administration. Of the Maximum 1

2 Settlement Amount, $32,030,000 (the "Net Settlement Consideration") has currently been set aside to pay the claims of the Class members. Merrill Lynch has guaranteed that, regardless of the number of Class members who file claims, Merrill Lynch will pay out at least 70% of the Net Settlement Consideration to the Class members. Any amounts over this 70% guarantee that are not claimed by the Class will be retained by Merrill Lynch. B. Who Is Eligible to Make a Claim under the Settlement? You are eligible to make a claim under the Settlement if you were employed by Merrill Lynch as a Financial Advisor or Financial Consultant (including those Financial Advisors or Financial Consultants who simultaneously performed some supervisory duties), PDP Financial Advisor, POA Financial Advisor, or Financial Advisor Trainee (collectively, these positions are referred to as "FAs") anywhere in the United States (including Washington, D.C. and Puerto Rico, but excluding California) during the "Recovery Periods" listed in Table 1 below. TABLE 1 If You Were Employed as an FA in: Your Recovery Period Is: The approximate Minimum Amount 1 You Will Receive Per "Qualifying Work Month" Is: Massachusetts September 24, 2001 through December 31, 2007 $ per month New Jersey June 20, 2000 through December 31, 2007 $ per month New York May 5, 2000 through December 31, 2007 $ per month Oregon November 16, 2000 through December 31, 2007 $ per month Pennsylvania February 22, 2003 through December 31, 2007 $ per month Texas October 26, 2002 through December 31, 2007 $ per month Washington May 9, 2003 through December 31, 2007 $ per month Alaska, Hawaii, Indiana, Iowa, Kentucky, Maine, Michigan, New Hampshire, Puerto Rico, Rhode Island, South Dakota, Vermont, West Virginia, Wyoming Alabama, Arkansas, Arizona, Colorado, Connecticut, District of Columbia, Delaware, Florida, Georgia, Idaho, Illinois, Kansas, Louisiana, Maryland, Minnesota, Missouri, Mississippi, Montana, North Carolina, North Dakota, Nebraska, New Mexico, Nevada, Ohio, Oklahoma, South Carolina, Tennessee, Utah, Virginia, Wisconsin November 26, 2005 through December 31, 2007 November 26, 2005 through December 31, 2007 $ per month $ per month For purposes of Table 1, "Qualifying Work Month" means a calendar month during the Recovery Period in which you were employed as an FA for at least one day. C. Calculating Your Settlement Payment. If you submit a timely and valid Claim Form (Form A, enclosed with this Notice) your settlement payment will be based on (1) the number of Qualifying Work Months you were employed by Merrill Lynch as an FA, and (2) the state(s) where you worked. For example, if you were employed as an FA in Massachusetts for 20 Qualifying Work Months and as an FA in New York for 30 Qualifying Work Months, then using the payment rates in Table 1 above, your settlement payment would be calculated as follows: (20 months x $37.39) + (30 months x $62.81) = $2, (less taxes and withholding) A portion of your settlement payment will be subject to required wage withholdings and deductions. Specifically, Merrill Lynch will report fifty percent (50%) of this payment to relevant government entities as a wage payment, and the remainder as a non-wage payment. Merrill Lynch reserves the right to make any required withholdings or deductions as required by applicable law, and Class members should be advised that Merrill Lynch will report all payments made pursuant to this Settlement to the Internal Revenue Service and other relevant government entities (if any) as required by law. 1 This amount is an approximated minimum because it is based on the current estimated number of work months worked by Class members within the relevant Recovery Period. This amount may vary somewhat if the work months are greater or less than the current estimate. 2

3 Class members are advised to consult a licensed accountant or tax preparer before participating in this Settlement by submitting a Claim Form. Neither the Class Representatives nor Class Counsel nor Merrill Lynch makes any representations concerning the tax consequences of this Settlement or participation in it, and you should seek tax advice in association with your response to this Notice. D. Why Are the Payment Rates for Some States Higher than for Other States? The parties have spent a great deal of time researching the laws of the 51 jurisdictions covered by the Settlement. The parties agree that the laws of certain states are more favorable to employees than the laws of other states. Furthermore, certain states allow for longer recovery periods than other states. The parties have agreed to an approach that they believe fairly allocates the settlement funds among the jurisdictions covered by the Settlement. On November 26, 2008, at the parties' request, the Court appointed the Hon. Edwin J. Peterson, retired Chief Justice of the Oregon Supreme Court, to make an independent recommendation to the Court about how to allocate the settlement funds. The Court has preliminarily approved Justice Peterson's recommendation. Table 1 incorporates the payment rates recommended by Justice Peterson. E. Release of Claims. Unless you exclude yourself from ("opt out") the Settlement by submitting the Request for Exclusion Form (Form B) included with this Notice, you will be subject to the judgment and will be precluded from bringing any "Released Claims" against Merrill Lynch or any of its affiliates ("Merrill Lynch Releasees") in the future. "Released Claims" means any and all claims to the broadest extent permitted by law, including unknown claims, demands, rights, liabilities and causes of action of every nature and description whatsoever by a Class member relating to his or her employment with, or work for, Merrill Lynch or any of its predecessors, successors or affiliates, up to and including December 31, 2007, including, without limitation, statutory, constitutional, contractual or common law claims, whether known or unknown, whether or not concealed or hidden, against the Merrill Lynch Releasees, or any of them, for any type of relief, including without limitation claims for wages, damages, deductions, unpaid costs, penalties, liquidated damages, punitive damages, interest, attorney fees, litigation costs, restitution, or equitable relief, based on the following categories of allegations: (1)(a) Any and all claims under federal and/or state or any other law alleging misclassification of Financial Advisors as exempt employees and/or violation of premium overtime requirements, meal and rest period requirements, or any and all other wage and hour requirements as to Financial Advisors, including without limitation: (i) any and all claims alleging failure to pay overtime wages; (ii) any failure to provide meal and/or rest periods; and (iii) any payroll or wage record-keeping or itemization requirements, including without limitation any claims concerning time records, the timing of wage payments, or the manner of wage payments; (b) Any and all associated claims on behalf of Financial Advisors for penalties, including without limitation liquidated and/or punitive damages; and (c) Any and all associated claims on behalf of Financial Advisors for interest, costs, attorney fees, equitable relief or other types of available recovery; and (2)(a) Any and all claims alleging the improper deduction from wages and/or imposition of costs, losses or penalties for errors or mistakes on Financial Advisors, such as, but without limitation, all claims relating to alleged improper trading error deductions, contributions to settlements and/or the Merrill Lynch Error Policy; (b) Any and all associated claims on behalf of Financial Advisors for penalties, including without limitation liquidated damages and/or punitive damages; and (c) Any and all associated claims on behalf of Financial Advisors for interest, costs, attorney fees, equitable relief or other types of available recovery; and (3)(a) Any and all claims for failure to reimburse or cover or pay for business costs incurred by Financial Advisors, and/or for deductions from or adjustments to a Financial Advisor s compensation associated with such business costs, including without limitation claims for reimbursement of costs spent on or imposed for any type of business expenses or support staff, such as, but without limitation, all claims relating to the Merrill Lynch Fully Supported and Supplemental Compensation Programs; (b) Any and all associated claims on behalf of Financial Advisors for penalties, including without limitation liquidated and/or punitive damages; and (c) Any and all associated claims on behalf of Financial Advisors for interest, costs, attorneys' fees, equitable relief or other types of available recovery. 3

4 "Released Claims" extends to claims under state and federal statutes and common law as well as any other theories, and the release of known or unknown claims set forth herein shall waive all statutory protections otherwise preventing the waiver of such unknown claims. Released Claims include claims meeting the above definition under any and all applicable statutes, up to and including December 31, 2007, including without limitation the federal Fair Labor Standards Act, the Portal to Portal Act, and the statutes identified in Appendix 1. Notwithstanding the foregoing, Released Claims does not include any individual claims arising under the FLSA as to Class members who do not opt-in to the Settlement by submitting a Claim Form, to the extent that opting in would be required to waive such FLSA claims. Nonetheless, Class members who neither submit a timely Claim Form nor a timely Request for Exclusion Form will forfeit, release, and waive all rights to bring or participate in a collective or class action under the FLSA against the Merrill Lynch Releasees for any such FLSA claim accruing before December 31, 2007, though said individuals will retain the right to pursue an individual action under the FLSA. "Released Claims" does not include employment discrimination claims arising under the Equal Pay Act, Title VII of the Civil Rights Act of 1964, the Age Discrimination In Employment Act, the Americans With Disabilities Act or state statutes prohibiting discrimination in employment. "Released Claims" also does not include any claim for retaliation against Merrill Lynch by a Financial Advisor for his or her participation in this Settlement. F. Attorneys' Fees, Litigation Expenses, and Enhancements. Class Counsel will ask the Court to award them attorneys' fees of up to 25% of the Maximum Settlement Amount, or $10,875,000, plus up to $125,000 in litigation expenses they incurred on behalf of the Class. In addition, Class Counsel will ask the Court to award each of the 16 Class Representatives up to $20,000 each as an "enhancement award" for the time they spent, and the risk they undertook, in bringing the Litigation on behalf of the Class. All of these amounts are subject to Court approval. To the extent that the Court ultimately awards attorneys' fees, litigation expenses and/or enhancement payments in amounts lower than those set forth above, the remainder will be added to the Net Settlement Consideration. It is estimated that the cost of claims administration should not exceed $150,000 which will be taken from the Maximum Settlement Amount. To the extent that the claims administration costs exceed $150,000, the excess will be subtracted from the Net Settlement Consideration. III. YOUR RIGHTS AS A CLASS MEMBER You have four options under this Settlement, each of which is discussed below. You may: (1) remain in the Class and make a claim for payment under the Settlement; or (2) remain in the Class and object to the Settlement; or (3) exclude yourself from the Class and from the Settlement; or (4) do nothing. If you remain in the Class, you will be represented at no cost to yourself by Class Counsel. Class Counsel cannot represent you if you choose to object to any aspect of the Settlement. You may retain counsel at your own expense to represent you if you wish. A. To Claim Money Under the Settlement: If you wish to remain in the Class and make a claim for payment under the Settlement, you must complete the enclosed Claim Form (Form A) and return it by mail to the Claims Administrator at the following address: Poole v Merrill Lynch Claims Administrator c/o Rust Consulting Inc. P.O. Box 9391 Minneapolis, MN Phone: In order to be valid, your Claim Form must be postmarked no later than September 3, If your Claim Form is not postmarked by that date, you will not receive any payment but you will be bound by the Settlement, the associated judgment, and the Release of Claims described in Section II(E) above. If the Claim Form is sent from within the United States, it must be sent through the United States Postal Service by U.S. First-Class Mail or the equivalent. Do not use a postage meter because that may not result in a postmark appearing on the envelope containing your Claim Form. If you lose, misplace, or require another Claim Form, you should contact the Claims Administrator as set forth above. The number of Qualifying Work Months you were employed as an FA by Merrill Lynch is pre-printed on the enclosed Claim Form. That information was taken from Merrill Lynch's personnel records. If you dispute the number of Qualifying Work Months pre-printed on the Claim Form, you must write the correct number of Qualifying Work Months on the Claim Form and attach pay stubs or similar documents that verify your dates of employment at Merrill Lynch and/or office location. Please be advised that Merrill Lynch's personnel records are presumed to be accurate unless you prove otherwise. Any disputes regarding the number of work months you worked will be decided by the neutral Claims Administrator and its decision will be final, binding and not subject to review by or appeal to the courts. By submitting a Claim Form, you also choose to opt into the Litigation for purposes of the FLSA and, hence, release all rights arising under the FLSA. 4

5 B. To Object to the Settlement: If you disagree with any part of the Settlement, you may object to the Settlement, providing that you do not opt out of the Settlement. To object, you must file a written objection that clearly explains the basis for your objection and file that objection in the Office of the Clerk, United States District Court for the District of Oregon, Mark O. Hatfield U.S. Courthouse, 1000 S.W. Third Avenue, Portland, OR , on or before September 3, 2009, with copies to the following attorneys: PLAINTIFFS' LIAISON COUNSEL James F. Clapp, Esq. Dostart Clapp Gordon & Coveney, LLP 4370 La Jolla Village Drive, Ste. 970 San Diego, CA Tel. (858) Fax. (858) MERRILL LYNCH'S COUNSEL Terry E. Sanchez, Esq. Munger Tolles & Olson, LLP 355 S. Grand Avenue, 35 th Floor Los Angeles, CA Tel. (213) Fax. (213) If you file a timely written objection to the Settlement, you or your attorney may also appear in Court to argue your objection at the Final Approval Hearing. The date, time, and place of the Final Approval Hearing are listed in Section IV below. Unless you file a timely written objection, you will not be allowed to argue an objection at the Final Approval Hearing. If you intend to object to the Settlement but wish to receive your share of the Settlement if it is approved, you must file a timely and valid Claim Form under Section III(A) above. C. To Exclude Yourself from the Settlement: If you do not wish to participate in the Settlement, you may exclude yourself ("opt out") by signing and returning the enclosed Request for Exclusion Form (Form B) to the Claims Administrator at the address listed in Section III(A) above. To be valid, the Request for Exclusion Form must be postmarked no later than September 3, If you submit a Request for Exclusion Form after that date, your Request for Exclusion Form will be rejected and you will be bound by the Settlement, the associated judgment, and the Release of Claims. If the Request for Exclusion Form is sent from within the United States, it must be sent through the United States Postal Service by U.S. First-Class Mail, or the equivalent. Do not use a postage meter as that may not result in a postmark appearing on the envelope containing your Request for Exclusion Form. If you submit a complete and timely Request for Exclusion Form, you will no longer be a member of the Class and will receive no benefits under the Settlement, but you will retain claims, if any, you may have against Merrill Lynch. Do not submit both a Claim Form and a Request for Exclusion Form. D. Doing Nothing. If you do nothing and the Court approves the Settlement, you will be bound by the terms of the Settlement, including the associated judgment and the Release of Claims, but you will not receive any money under the Settlement. You will retain, however, the right, if any, to file an individual claim arising under the FLSA but not a collective or class action under that statute. IV. THE FINAL APPROVAL HEARING. A hearing has been scheduled for November 30, 2009, at 1:30 p.m. in the U.S. District Court for the District of Oregon before the Hon. Ancer L. Haggerty. The Court is located at 1000 S.W. Third Avenue, Portland, OR At the hearing, the Court will consider whether to grant final approval to the Settlement and will rule on Class Counsel's request for attorneys' fees, litigation expenses, and class representative enhancements. You may, but are not required to, attend the hearing. V. CORRECTIONS TO NAME OR ADDRESS. If you wish to change any of your contact information, please contact the Claims Administrator at the address or telephone number listed in Section III(A) above. VI. ADDITIONAL INFORMATION. Members of the public, including those whose rights may be affected by this Settlement, may inspect the files in this matter at the Office of the Court Clerk at the following address: Office of the Clerk, U.S. District Court for the District of Oregon, Mark O. Hatfield U.S. Courthouse, 1000 S.W. Third Avenue, Portland, OR If you have any questions regarding the Settlement, you may contact the Claims Administrator at or the designated contact counsel for Class Counsel, Stephen P. DeNittis, at PLEASE DO NOT CALL OR WRITE THE COURT ABOUT THIS NOTICE. 5

6 ALABAMA STATE NONE APPENDIX NO. 1 STATE STATUTORY CLAIMS RELEASED ALASKA ALASKA WAGE & HOUR ACT: ALASKA STAT TO ALASKA STAT , TO ALASKA ADMIN. CODE TIT. 8, , ARIZONA ARIZ. REV. STAT TO ARKANSAS MINIMUM WAGE ACT OF ARKANSAS: ARK. CODE ANN et seq. COLORADO COLORADO WAGE CLAIM ACT: COLO. REV. STAT et seq. COLORADO MINIMUM WAGES OF WORKERS ACT: COLO. REV. STAT. ANN et seq. COL. REV. STAT. ANN TO COLORADO MINIMUM WAGE ORDER NUMBER 23: 7 COLO. CODE REGS CONNECTICUT CONN. GEN. STAT a CONN. GEN. STAT , 31-66, 31-68, 31-69, 31-69a CONN. GEN. STAT a g, 31-72, TO 31-76c CONN. AGENCIES REGS h-1 to 31-71h-6 DELAWARE WAGE PAYMENT & COLLECTION ACT: DEL. CODE ANN. TIT et seq. DISTRICT OF COLUMBIA FLORIDA MINIMUM WAGE LAW: D.C. ST et seq. PAYMENT & COLLECTION OF WAGES: D.C. ST et seq. NONE GEORGIA GEORGIA MINIMUM WAGE LAW: GA. CODE ANN et seq. GA. CODE ANN HAWAI I WAGE AND HOUR LAW: HAW. REV. STAT , 387-3, 387-6, 387-7, HAW. REV. STAT. ANN et seq. HAW. ADMIN. RULES IDAHO IDAHO HOURS WORKED ACT: IDAHO CODE ANN et seq. IDAHO CODE ANN TO ILLINOIS MINIMUM WAGE LAW: 820 ILCS 105/4 TO 820 ILCS 105/15 ILLINOIS WAGE PAYMENT & COLLECTION ACT: 820 ILCS 115/1 et seq. ILL. ADMIN. CODE TIT TO ILL. ADMIN. CODE TIT ILL. ADMIN. CODE TIT TO SIX DAY WEEK LAW: ILL. ADMIN. CODE. TIT et seq. INDIANA IOWA MINIMUM WAGE LAW OF 1965: IND. CODE et seq. IND. CODE TO IND. CODE TO IND. CODE TO IND. CODE IND. CODE TO IND. ADMIN. CODE TIT. 610 R TO IOWA WAGE PAYMENT COLLECTION ACT: IOWA CODE ANN. 91A.1 et seq. KANSAS MINIMUM WAGE & MAXIMUM HOURS LAW: KAN. STAT. ANN TO WAGE PAYMENT ACT: KAN STAT. ANN TO KAN. ADMIN REGS TO KAN. ADMIN. REGS , , KENTUCKY KY. REV. STAT. ANN , , , , , , , , , KY. ADMIN. REGS. 1:060, 1:065, 1:070, 1:075 LOUISIANA LA. REV. STAT. ANN. 23:633 TO MAINE ME. REV. STAT. ANN. TIT , 621-A, 622, 623, 626, 626A, 627, 629, 635, 663, 664, 670, CODE OF MAINE RULES CH. 16, IV 6

7 MARYLAND MARYLAND WAGE & HOUR LAW: MD. CODE ANN., LAB. & EMPL , 3-420, TO MARYLAND WAGE PAYMENT & COLLECTION LAW: MD. CODE ANN., LAB. & EMPL TO MASSACHUSETTS MASS. GEN. LAWS ANN TO 150C MINIMUM FAIR WAGE LAW: MASS. GEN. LAWS ANN A TO 22 MASS. GEN. LAWS ANN TO CODE OF MASS. REGS. 2.01, 2.02, 2.04, 2.06, 2.07 MICHIGAN MINIMUM WAGE LAW OF 1964: M.C.L.A et seq. WAGES & FRINGE BENEFITS ACT: M.C.L.A TO MICH. ADMIN. CODE RULES , , MICH. ADMIN. CODE RULES TO MINNESOTA MINNESOTA FAIR LABOR STANDARDS ACT: MIN. STAT. ANN TO MINN. STAT. ANN TO MINN. STAT. ANN MINN. RULES TO MISSISSIPPI NONE MISSOURI MO. REV. STAT , , MINIMUM WAGE LAW: MO. REV. STAT TO MO. CODE OF STATE REGS MONTANA MONT. CODE ANN MONT. CODE ANN TO MONT. CODE ANN TO THE RECIPROCAL AGREEMENT FOR COLLECTION OF WAGES ACT OF 1977: MONT. CODE ANN et seq. MONT. ADMIN. R TO MONT. ADMIN. R , MONT. ADMIN. R TO NEBRASKA NEBRASKA WAGE PAYMENT & COLLECTION ACT: NEB. REV. STAT TO NEB. ADMIN. R. & REGS. TIT. 221, CH NEVADA NEV. REV. STAT TO NEV. REV. STAT TO NEV. REV. STAT. 616D.240 NEV. ADMIN. CODE TO , , NEW HAMPSHIRE N.H. REV. STAT. ANN , N.H. REV. STAT. ANN TO N.H. REV. STAT. ANN , N.H. CODE ADMIN. RULES ANN. LAB TO NEW JERSEY N.J. STAT. ANN. 34:11-3 TO 34: NEW JERSEY STATE WAGE & HOUR LAW: N.J. STAT. ANN a1 et seq. NEW JERSEY STATE WAGE COLLECTION LAW: N.J. STAT. ANN TO N.J.A.C. 12: TO 12: N.J.A.C. 12:56-4.1, 12:56-5.1, 12:56-5.2, 12: N.J.A.C. 12: TO 12: NEW MEXICO N.M. STAT. ANN TO , , MINIMUM WAGE ACT: N.M. STAT. ANN TO NEW YORK N.Y. LAB. LAW 190, 191, 193, 195, 196, 196a, 198 TO N.Y.C.C.R TO N.Y.C.C.R NORTH CAROLINA WAGE AND HOUR ACT: N.C. GEN. STAT et seq. 13 N.C. ADMIN CODE , , , , , , , NORTH DAKOTA TITLE 34 OF THE NORTH DAKOTA CENTURY CODE, CHAPTER S 6 & 14 THE NORTH DAKOTA MINIMUM WAGE AND WORK CONDITIONS ORDER: N.D. ADMIN CODE N.D. ADMIN CODE OHIO OH. REV. CODE ANN , , , , , OKLAHOMA OKLAHOMA PAYDAY ACT: OKLA. STAT. TIT. 40, TO OKLA. ADMIN CODE, CHAPTER 30 7

8 OREGON OR. REV. STAT , , , , , , OR. REV. STAT TO OR. REV. STAT TO OR. REV. STAT , , OR. ADMIN. R AND OR. ADMIN. R AND PENNSYLVANIA MINIMUM WAGE ACT OF 1968: 43 PA. STAT. ANN et seq. WAGE PAYMENT & COLLECTION ACT: 43 PA. STAT. ANN et seq. 43 PA. STAT. ANN. 271, PA. STAT. ANN. 251 TO P.A. CODE 9.1 TO P.A. CODE , , TO PUERTO RICO P.R. LAWS ANN. TIT TO 177 P.R. LAWS ANN. TIT TO 250j P.R. LAWS ANN. TIT TO 290, 295 TO 299 RHODE ISLAND R.I. GEN. LAW TO , , , , , R.I. GEN. LAW TO R.I. GEN. LAW TO R.I. CODE R SOUTH CAROLINA PAYMENT OF WAGES ACT: S.C. CODE ANN et seq. S.C. CODE ANN et seq. SOUTH DAKOTA S.D. CODIFIED LAW , , S.D. CODIFIED LAW , , , , , , , TO TENNESSEE WAGE REGULATION ACT: TENN. CODE ANN et seq. TEXAS TEXAS PAYDAY ACT: TEX. LAB. CODE ANN et seq. UTAH UTAH PAYMENT OF WAGES ACT: UTAH CODE ANN TO UTAH CODE ANN UTAH ADMIN. R VERMONT VT. STAT. ANN., TIT. 21, 341 TO 347 VT. STAT. ANN., TIT. 21, VT. CODE R VIRGINIA VA. CODE ANN TO WASHINGTON WASHINGTON MINIMUM WAGE ACT: WASH. REV. CODE et seq. WASH. REV. CODE TO WASH. REV. CODE TO WASH. ADMIN. CODE TO WASH. ADMIN. CODE , WEST VIRGINIA WAGE PAYMENT AND COLLECTION ACT: W.VA. CODE ANN et seq. W.VA. CODE ANN. 21-5C-1 TO 21-5C-11 W. VA. CODE ST. R TO W.VA. CODE ST. R TO WISCONSIN WIS. STAT. ANN TO , , WIS. STAT. ANN TO WIS. ADMIN. CODE TO WYOMING WY. STAT. ANN TO , TO WY. STAT. ANN TO