PROVIDING YOUR TAX INFORMATION
If you submitted a claim to participate in the Class Action, and your claim was approved, you will have received an email requesting that you provide information concerning your tax status. This page provides additional information about that request and how to submit the necessary information.
WHERE CAN I FIND THE FORMS?
WHY IS THIS INFORMATION NEEDED?
Any payments the Administrator will be issuing to Class Members in relation to the Class Action are classified as wages. Because of this, the Administrator is required to withhold an amount from the award in respect of any taxes that are deductible from payments of this nature. The amount to be deducted is dependent upon a number of factors, including your current visa status, your country of residence, and the state(s) in which you worked. The Administrator therefore needs to obtain additional information from you that will enable the amount of federal and state income taxes to be withheld to be calculated accurately. Without this information, you will still receive payment, but we will be required by law to withhold an amount at the statutory rate, which for federal income tax withholding is 22%, in addition to any state taxes that may apply.
WHICH FORM SHOULD I SUBMIT?
The form or forms you will need to fill out is determined by your current status in the United States.
- If you are a non-resident alien, you will need to provide a completed Form W-8BEN, known as a Certificate of Foreign Status of Beneficial Owner. This form also performs the same function as the Form W-4 but may only be used by non-U.S. persons. In addition, you may also want to fill out a Form 8233, Exemption From Withholding on Compensation, which is used to notify the Administrator of your visa status. This is because some visas mean that the visa holder may be exempt from certain types of withholding (see this page for more details.)
- If you are a U.S. citizen or resident, you will need to provide a completed Form W-4, known as an Employee's Withholding Certificate. This form is used to provide your personal information, including your Social Security Number, to the requesting party, which in this case is the Administrator as the representative of the settlement fund.
Please note that the Administrator does not have any information about your residency or visa status, and is therefore unable to provide advice regarding which form(s) you need to complete.
HOW DO I FILL OUT THE FORM?
All of the forms provided above are fillable PDF documents that can be filled out electronically. To view and complete the forms, you will need a PDF reader such as Adobe Reader (available to download for free.)
WHAT INFORMATION DO I NEED TO PUT IN THE FORMS?
Neither the Administrator nor Class Counsel are permitted to provide tax advice, including providing guidance with what information needs to be entered in each field of the form. In general:
- The first section of the forms request your personal information, including your Social Security Number (on the W-4 Form) and/or your non-U.S. tax identification number. This section should be completed as fully as possible. Note that if you do not provide any tax identification number, the Administrator will need to apply withholding at the rate indicated in the email you received.
- The sections that follow request information that may impact on the amount to be withheld. Please review these sections carefully, as depending on your individual circumstances, you may not need to provide any additional information.
- The final section of each form is a certification that you need to sign and date to confirm that the information you have provided is correct to the best of your knowledge.
The header section of each form contains a web address for the IRS website where you can find detailed instructions for that form, which may also be of assistance. If you are not sure what information you are being asked to provide, please complete the forms to the best of your ability.
I'M UNABLE TO SIGN THE FORM.
The email that was sent to eligible Class Action claimants contained links to PDF forms provided by the IRS. Although these forms can be filled out electronically, only the W-8BEN form allows the person filling out the form to sign digitally. The versions of the forms that are provided above include text fields in the signature sections that allow them to be completed and signed without the need to use a digital signature or to print the forms out. If you are experiencing issues completing the forms using the links from the emails, we would recommend using the forms provided on this page instead.
HOW DO I SUBMIT MY FORM?
Once you have completed your form(s), save the completed documents and then submit the forms to the Administrator by emailing the completed PDF documents to firstname.lastname@example.org. When submitting the forms, please reply to the email you received or include the "List ID" from that email in your submission, as this will help ensure that the Administrator can match your email submission to your claim record.
Forms must be submitted by no later than February 20, 2020. Please note that we are unable to download forms hosted on a remote server such as Adobe Cloud or Google Drive, as this represents a security risk.
I DIDN'T RECEIVE A REQUEST FOR TAX INFORMATION
Only those Class Members who submitted a Claim Form to participate in the Class Action, and whose claim was determined to be valid, were asked to submit this information. You may not have received an email if:
- You submitted a Consent to Join Form for the FLSA Collective Action but did not submit a Claim Form for the Class Action or provide a deposition for the FLSA Collective Action
- You did not submit a Claim Form or a Consent to Join Form
- You did submit a Claim Form for the Class Action but the Administrator was not able to verify your claim.
If you believe that you should have received an email because you submitted a Claim Form, first check with your email provider to confirm that an email was sent to you but was incorrectly flagged as junk or spam. If you are unable to locate an email, you can contact the Administrator by emailing email@example.com with a request to confirm whether an email was sent to you.
HOW MUCH WILL I RECEIVE?
Now that the claim review process has been finalized, the Administrator is in the process of implementing the plan of allocation. As this process has not yet been completed, we are unable to confirm individual awards at this time.
HOW WILL I BE PAID?
We currently anticipate that settlement benefits will be issued by check. We are also looking into alternative methods of payment, however, we confirm that payment by wire transfer will not be available.