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.