Applicants for employment at Fresh Direct brought a class action lawsuit against Fresh Direct for allegedly violating the NYSHRL, New York State Corrections Law Article 23-A, and the NYCHRL. The lawsuit is known as Vidal Soler and Corey Stewart v. Fresh Direct, LLC, No. 20 Civ. 3431. The Court in charge of the lawsuit is the United States District Court for the Southern District of New York.

Plaintiffs alleged that Fresh Direct violated the NYSHRL, New York State Corrections Law Article 23-A, and NYCHRL, statutes which, among other things, govern the conduct and use of criminal background check procedures for applicants seeking positions for employment. The Plaintiffs in the lawsuit claimed that Fresh Direct failed to follow the processes laid out in those statutes for considering a job applicant’s criminal history in hiring decisions. Defendant denies violating the NYSHRL, New York State Corrections Law Article 23-A, or NYCHRL with respect to its hiring practices and decisions.

You are automatically a member of the Class if you applied for employment with Fresh Direct sometime between January 1, 2015 and July 29, 2021, you received a conditional offer of employment and your conditional offer of employment was withdrawn following your disclosure of prior criminal convictions or your criminal convictions appeared in a criminal background check. If you aren’t sure about whether you qualify as a Class Member, you can contact the Settlement Administrator.

Class Members who timely submit Claim Forms will receive an equal share of the settlement fund, the amount of which will be determined by how many Class Members submit Claim Forms and the terms of the Settlement. If there is sufficient additional money remaining in the settlement fund after the deadline to cash settlement checks expires, then it is possible you may receive a second payment if economically feasible.

Under the Settlement, Fresh Direct has agreed to pay a total of $900,000.00 (the “Gross Settlement Amount”). Subject to Court approval, the Gross Settlement Amount will be used to pay attorneys’ fees of up to $300,000.00 (one-third of the Gross Settlement Amount), plus reimbursement of actual litigation expenses and costs. Subject to Court approval, the Gross Settlement Amount will also be used to pay Service Awards of $10,000.00 each to the two Named Plaintiffs ($20,000 total) for bringing the lawsuit, their service to the Class, and reaching this Settlement. An additional plaintiff who gave testimony necessary to reaching this settlement will receive a Service Award of $5,000, subject to Court approval. The Gross Settlement amount will also cover the costs and expenses of the Settlement Administrator.

To be eligible to receive a payment from this Settlement, you must submit the Claim Form, which must be received by the Settlement Administrator (or postmarked if mailed) no later than September 18, 2023.

You may print and mail, email, fax, or submit online the completed form to the Settlement Administrator at:

Soler v. Fresh Direct Settlement Administrator
P.O. Box 2003
Chanhassen, MN 55317-2003
Toll-Free: (833) 944-5278
Fax: (952) 404-5750
info@FreshDirectSettlement.com

The Court has appointed the lawyers at Outten & Golden LLP to represent you and all Class Members. Together, these lawyers are called “Class Counsel.” Unless you elect to exclude yourself from the Settlement, you will continue to be represented by Class Counsel in connection with the implementation of the Settlement throughout the duration of the terms of the Settlement at no cost to you.

If you have questions about the proposed Settlement, you can get free legal help by contacting Class Counsel:

Ossai Miazad
Christopher M. McNerney
Outten & Golden LLP
685 Third Avenue, 25th Floor
New York, NY 10017
212-245-1000

Adam Koshkin
Outten & Golden LLP
One California St., 12th Floor
San Francisco, CA 94111
415-638-8800

You may contact Class Counsel through the Notice Administrator at (833) 944-5278 or info@FreshDirectSettlement.com.