This page provides the answers to class members’ most frequently asked questions.

The information provided is in summary form and is not intended as a complete explanation of your rights. For full and complete information, you are directed to review carefully the Notice of Class Action Settlement.

About The Settlement

What is this lawsuit about?

Bobbi-Jo Smiley, Amber Blow and Kelsey Turner (“Plaintiffs”) allege that DuPont and Adecco (“Defendants”) failed to pay the Class members all wages due for donning and doffing and shift relief work they performed, including overtime premium wages owed for hours worked in excess of forty per workweek.  Plaintiffs filed claims under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201 et seq., and under the Pennsylvania Wage Payment and Collection Law, 43 P.S. § 260.1, et seq., for themselves and other individuals who worked 12-hour shifts at DuPont’s Towanda, PA facility between November 2009 and December 31, 2018 and were required to don equipment/gear and/or engage in shift relief (the “Class”). In their request for relief, Plaintiffs sought unpaid overtime wages and penalties as well as other relief including interest, liquidated damages, attorney’s fees and costs.

Defendants denied Plaintiffs’ allegations and claims, and asserted that they had paid the Class members correctly and in compliance with the law.

Legal counsel for both Parties have spent eight years litigating multiple issues in this case and thoroughly investigating the factual and legal issues in the case. Plaintiffs and Class Counsel believe that further proceedings in the litigation, including class certification and decertification briefing, trial and possible appeals, would not only further delay this case, but also have an uncertain outcome. Therefore, upon careful consideration of all of the facts, circumstances, and legal issues, Plaintiff and Class Counsel believe that the settlement agreement they have negotiated with Defendants is fair, reasonable, and adequate, and is in the best interest of the Class members.

The Parties submitted their settlement agreement to the Court, which granted preliminary approval to the settlement of the lawsuit on a class basis, finding the proposed settlement to meet certain criteria for fairness, and authorized the mailing of this Notice for your consideration.

What does the Settlement provide?

Defendants have agreed to pay a maximum settlement amount of $5,000,000.00, which the Parties propose to allocate as follows: a settlement fund of at least $2,804,000, including $2,322,280.00 to settle the claims for back wages and liquidated damages of those Class members employed by DuPont, and $481,720.00 to settle the claims for back wages and liquidated damages of those Class members employed by Adecco; up to $150,000.00 to the Named Plaintiffs as service awards for the work they performed to enable and support this litigation over the past eight years; up to $2,000,000.00 as an attorney’s fee to Class Counsel; and up to $46,000.00 to reimburse out-of-pocket expenses incurred by Class Counsel, including settlement administration costs.  Approximately 500 people are entitled to share in the $2,804,000.00 settlement fund. Each Class member’s share of this fund will be calculated based on the length of time they worked for Defendants during the relevant time period according to Defendants’ records. Approximately 105 people have returned completed consent forms to join the FLSA Collective.  These people do not have to do anything further to receive their settlement payment.  Everyone who did not return a completed consent form to join the case must complete and return the attached Claim Form to receive a settlement payment.  Each settlement payment will be paid in two equal shares: 50% treated as back wages, subject to typical deductions and withholding and reported on an IRS Form W-2 and 50% treated as non-wage damages, not subject to deductions or withholding and reported on an IRS Form 1099. Defendants will pay all typical employer-side taxes associated with all Class members’ back wage payments separately from the maximum settlement amount.

How do I receive a payment?

Everyone who did not return a completed consent form to join the FLSA Collective must complete the Claim Form and return it to the Claims Administrator by mail, fax, e-mail, or other electronic delivery means before August 25, 2020 to receive their settlement payment.

When and where will the Court decide whether to approve the settlement?

The Court will hold a fairness hearing to decide whether to approve the settlement. You are not required to attend the hearing, although you are permitted to do so. At the fairness hearing, the Court will consider whether the settlement is fair, reasonable and adequate. The Court will consider any written objections to the settlement at that time, and it will hear from any class members who have submitted timely written objections and asked for leave to appear at the fairness hearing. The Court has scheduled the hearing to take place on September 22, 2020 at 10:30 a.m. at the William J. Nealon United States Courthouse, 235 North Washington Avenue, Scranton, PA 18503. If the Court changes the date, time or location of the hearing, it will notify the parties through the Court’s electronic case management system, but no further notice will be mailed.