Court-Authorized Notice

(This Is Not An Advertisement From A Lawyer)

If you are or were employed by Buehler's Fresh Foods working in a salary-paid position below the in-store management hierarchy levels of Category Manager and/or Store Manager at any time since April 22, 2022, please read this Notice.

Plaintiffs Steven Byrd and Corey Cook ("representative Plaintiffs"), former salary-paid employees, filed this lawsuit on behalf of themselves and a potential collective alleging that they and all other persons who are or were paid salary by Buehler's Fresh Foods ("Buehler's" or "Defendant") during the relevant period(s) for work in a position (below the in-store reporting/hierarchical level of Store Manager) that was classified or otherwise paid by Defendant as if exempt under the overtime laws requiring overtime premiums for hours worked over 40 in a week, are owed overtime pay and related damages due to Buehler's alleged misclassification of those positions as ineligible for overtime pay. Buehler's denies these allegations and contends that all such employees are properly classified as exempt. The parties agreed to issuance of notice of rights to join a collective action that includes those positions (but excluding salary-paid Employee Experience/CR Specialist, and excluding, unless the Court later decides otherwise, the three Category Manager positions - Food Services Manager, Service & Facilities Manager, and Packaged Goods Manager). The agreed upon conditionally-certified collective action at this time includes the following job titles, as well as any salary-paid training period of employment for any such job titles, paid by salary in any pay periods within the period from April 22, 2022 to the present (the "covered positions"):

• Kitchen Manager
• Off-Site Kitchen Manager
• Catering Chef
• Catering Manager
• Off-Site Catering Manager
• Meat & Seafood Manager
• Produce Manager
• Off-Site Restaurant Manager (formerly "Off-Site Food Service Manager")
• Tap Wall Manager
• Bakery Manufacturing Manager
• Liquor Store Manager
• Salaried UPS Manager

Plaintiffs allege, on behalf of a potential collective of all individuals who worked in these covered positions, that the covered positions should have been paid overtime compensation under the federal Fair Labor Standards Act ("FLSA") for all hours worked over 40 in a week. Buehler's contends that Plaintiffs' claims are unfounded and that this lawsuit is a mischaracterization of Buehler's operations, its culture, and its compliance with the law. Buehler's intends to defend itself against this lawsuit. You may join this case even if you do not have records of your actual hours worked in covered positions; Plaintiffs allege that under the FLSA, because Defendant did not keep records of your actual start and stop times of work, you and any member of the collective may rely on estimated hours worked. Plaintiffs also allege that the FLSA requires, in counting time as work hours for determining whether a non-exempt employee worked over 40 hours in a week, that in addition to counting time worked during, before, and after scheduled shift times, some meal breaks of less than 30 minutes, and some meal breaks of greater than 30 minutes that are interrupted by performance of work duties, also count as compensable time worked that must be included in the count of total hours worked in a week.

Under the FLSA, an employee may be owed overtime even if paid by salary, and Defendant has the burden of proving that the covered positions fit within a lawful exemption. Defendant intends to prove, however, that these positions were properly classified, that employees in these positions regularly took their 1-hour lunch breaks, often away from the store, and that through flex-scheduling, did not work more than 40 hours in a workweek. Even though you were paid a salary and may have believed salaried employees were not entitled to overtime, you may join this case if you believe that you were improperly classified and that you worked more than 40 hours in a workweek.

If you signed a severance agreement or any other agreement indicating you may have waived or released legal claims or that you are ineligible to join a class or collective action, you may join this case and the Court will decide at a later date whether, and to what extent, any agreement you signed affects your participation. If you signed an affidavit, declaration, or any other statement regarding your job duties in a covered position, you may join this case. If you have any questions as to whether anything you signed, statements you made, or information you gave will affect your potential claims in this lawsuit or your legal right to join this lawsuit, you may obtain legal advice confidentially and without charge of attorneys' fees by contacting Plaintiffs' attorneys as listed below.

If you join this lawsuit, and the Court determines that the case should proceed as a class or collective action, and Plaintiffs prevail, you may be entitled to overtime wages and potentially other additional damages. If Plaintiffs do not prevail, no money will be awarded. No outcome is guaranteed.

The Court has allowed this Notice to be sent under the FLSA to all persons who worked in the covered positions. Although the Court has authorized this Notice, the Court has not decided whether Plaintiffs or Defendant in this lawsuit is correct, or whether anyone who worked in a covered position is entitled to money or other relief.

Your legal right to participate in the FLSA claims in this lawsuit is subject to the choice that you must now make.

Your Legal Rights and Options in This Lawsuit

JOIN THE CASE

If you would like to participate in this case and potentially share in a monetary recovery, if any, that might come from a judgment or a settlement in this lawsuit, you must fully complete, sign and timely submit a Consent to Join Form no later than July 27, 2026 to CPT Group.

You may sign and submit the Consent to Join Form in the following ways:

• You may electronically sign and return the "Consent to Join" form, which can be accessed at www.buehlersmanagerovertime.com or by using the QR code on your Notice, and submitted no later than July 27, 2026, or
• You can complete and sign the form included with the Notice sent to you and mail it in the enclosed addressed, postage paid envelope so that it is postmarked no later than July 27, 2026, or
• You may complete, sign and send the form by fax to 1-949-419-3446, or email it to buehlersmanagerovertime@cptgroup.com so that the notice administrator receives it no later than July 27, 2026.

Filing the Consent to Join Form does not guarantee that you will ultimately be a participant in this lawsuit if the Court at a later date determines certain claims or positions shall not proceed.

DO NOTHING

By doing nothing, you are choosing not to participate in this lawsuit and you will not be part of this case or be represented by Plaintiffs' counsel. You would not be bound by any judgment, whether favorable or unfavorable. You may have the right to bring your own claims. If you do not join, however, the statute of limitations on any claim you may have will continue to run and you may lose some or all of your rights if you do not act.

I. Why Did I Get This Notice and What Is the Lawsuit About?

This Notice was sent to tell you of the existence of the lawsuit and inform you of your options. According to the Defendant's records, you worked in one or more of the covered positions for which you were paid by a salary on or after April 22, 2022, and you are eligible to join and become a party to the lawsuit. The choice to join or not to join this lawsuit is yours.

The Lawsuit. Plaintiffs brought a lawsuit entitled Byrd, et al v. Styx Acquisition, LLC d/b/a Buehler's Fresh Foods, Case No. 5:25-CV-00478-JRA (N.D. Ohio). Additional individuals have joined the lawsuit by filing their opt-in Consents. As described in detail above, Plaintiffs in this lawsuit claim that Defendant cannot carry its burden of proving that they and others paid by salary in covered positions were "exempt" (meaning, ineligible for overtime pay), because Plaintiffs allege the covered positions' primary duties did not involve sufficiently substantial managerial discretion in matters of significance and did not differ substantially from the work performed by hourly-paid positions in the departments, including, among others, tasks such as manual labor, grocery sales and customer service duties. As a result, Plaintiffs claim they, and all others who worked in covered positions, are entitled to unpaid overtime wages (or in other words, back pay) in the amount of time-and-a-half their regular rate of pay for their hours worked over 40 in any workweek paid by salary during the period April 22, 2022, to the present. Plaintiffs also seek an award of "liquidated damages" in an additional amount equal to the unpaid wages, as well as recovery of costs and attorneys' fees.

Defendant denies the claims Plaintiffs are making, and denies it owes any overtime pay. Defendant contends that the covered positions were properly classified as salaried-exempt and that all employees in covered positions were properly paid for all time worked. The Court has not decided whether Defendant or the Plaintiffs are correct. By authorizing this notice, the Court is not suggesting that Plaintiffs will win or lose the case.

II. How Do I Join & What Happens If I Do?

Enclosed is a "Consent to Join" form. If you want to participate in this lawsuit, you must read, sign, fill it out and return it. There are several ways to return it:

• You may electronically sign and submit it online at www.buehlersmanagerovertime.com or accessible by the QR code on your Notice by July 27, 2026;
• You can fax it to the below fax number or email it to the below email address by July 27, 2026; or,
• You can mail it back in the enclosed addressed prepaid envelope, or in another envelope, so that it is postmarked by July 27, 2026 to the following:

Byrd v. Styx Acquisition
c/o CPT Group, Inc.
P.O. Box 19504
Irvine, CA 92623
Fax: 1-949-419-3446
Email: buehlersmanagerovertime@cptgroup.com
Telephone: 1-888-373-2581

Should you lose or misplace the enclosed Consent to Join form, please contact CPT Group, Inc. at 1-888-373-2581. If you have questions, you may contact the Plaintiffs' attorneys listed below.

If you submit the enclosed Consent to Join Form by July 27, 2026, the Plaintiffs' attorneys listed below will represent you at no out of pocket cost to you and work to obtain any unpaid overtime wages you may be owed. By joining this lawsuit, you designate the named Plaintiffs as your representatives, and to the fullest extent possible, you designate the named Plaintiffs and Plaintiffs' attorneys to make decisions on your behalf concerning the case, the method and manner of conducting the case, and all other matters pertaining to this lawsuit. Decisions made and agreements entered into by Plaintiffs relating to this lawsuit will bind you if you join the lawsuit. While this suit is proceeding, you may or may not be required to respond to written questions, produce documents, and/or provide testimony at a deposition and/or trial, depending on Court rulings.

The Court or a jury will determine whether Plaintiffs or Defendant wins the case. You will be bound by and potentially share in any ruling, settlement or judgment in this lawsuit, whether it is favorable or unfavorable. Filing the Consent to Join Form does not guarantee that you will ultimately be a participant in this lawsuit or recover any amount if the Court at a later date determines certain claims are time-barred or the case should not proceed as a collective action on your behalf.

Plaintiffs are represented by the following attorneys ("Plaintiffs' attorneys"):

C. Andrew Head
Bethany A. Hilbert
HEAD LAW FIRM, LLC
4422 N. Ravenswood Ave.
Chicago, IL 60640
Tel: (404) 924-4151, (312) 690-7765
bhilbert@headlawfirm.com; ahead@headlawfirm.com
www.headlawfirm.com

By returning the Consent to Join form, you will join this lawsuit and these attorneys will represent you.

III. Will My Participation Cost Me Anything? How Will the Lawyers Get Paid?

The Plaintiffs' attorneys listed above are handling the case on a contingency-fee basis with no upfront fees. If Plaintiffs are entitled to no recovery, then the attorneys will receive nothing. Plaintiffs' attorneys will pay all the costs associated with this case and will only receive fees and reimbursement of costs if Plaintiffs prevail by a settlement or judgment. You are not required to pay attorneys' fees or court costs at this time. If Plaintiffs prevail, Plaintiffs' counsel will seek an order requiring Defendant to pay their reasonable attorneys' fees and expenses. The Court must approve any award of attorneys' fees and/or costs.

IV. And If I Do Not Join?

If you do not join, you will not be bound by any judgment issued or settlement approved by the Court in this case—whether it is favorable or unfavorable. You will not be entitled to share in the amounts recovered in this lawsuit, if any, but you will have the right to separately bring your own claims. If you do not join the case now, however, the statute of limitations on your claim will continue to run and you may lose some or all of your rights if you do not act quickly.

V. No Retaliation Permitted

Federal law prohibits Defendant or any of its agents from firing or in any way retaliating against you because you have joined this lawsuit.

VI. How Can I Get More Information?

Additional information can be obtained from the Plaintiffs' attorneys at the above addresses and telephone numbers. You may also learn more about the claims in the Complaint and review relevant documents by contacting CPT Group, Inc. at 1-888-373-2581 or going to the case website: www.buehlersmanagerovertime.com. No inquiries concerning this case should be directed to the Court.

The Notice has been authorized by the Court. This Notice is not an expression by the Court of any opinion concerning the alleged claims. This Notice simply informs you of the pendency of this litigation and your rights to join, or not join, the lawsuit.