Settlement Status

  • The Parties to this lawsuit have reached a settlement, and the United States District Court for the Middle District of Pennsylvania has granted preliminary approval to the settlement. If you have been identified as a class member, you have the right to participate in the settlement and receive a payment. You also have the right to exclude yourself from the settlement, or to object to the settlement.
  • Potential class members are all people 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.
  • 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 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.