NOTICE OF SETTLEMENT

Transcription

1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN GREEN BAY DIVISION Ryan DeKeyser, et al. v. Waupaca Foundry, Inc., f/k/a ThyssenKrupp Waupaca, Inc., Case No. 1:08-cv WCG Jason VanHoose, et al. v. Waupaca Foundry, Inc., Case No. 1:18-cv WCG Michael Sarrell, et al. v. Waupaca Foundry, Inc., Case No. 1:18-cv WCG Hoy Garrett, et al. v. Waupaca Foundry, Inc., Case No. 1:18-cv WCG NOTICE OF SETTLEMENT A Federal Court authorized this notice. This is not a solicitation from a lawyer. TO: ALL PERSONS WHO ARE OR WERE EMPLOYED BY WAUPACA FOUNDRY, INC. AT ANY TIME AFTER JUNE 4, 2005 THROUGH AUGUST 20, 2018, AS NONEXEMPT, HOURLY PAID, FOUNDRY PRODUCTION EMPLOYEES AT PLANTS LOCATED IN TELL CITY, INDIANA AND ETOWAH, TENNESSEE, AND WHO PREVIOUSLY FILED OPT-IN CONSENTS-TO-JOIN IN THE ABOVE- CAPTIONED DEKEYSER ACTION. A global settlement between Waupaca Foundry, Inc. ( Waupaca ) and employees will provide settlement monies to certain current and former Waupaca employees as compensation for all claims that Waupaca allegedly failed to pay for employee time spent on-site at its plants putting on and taking off protective gear and equipment, showering and walking to and from the production floor before and after their work-shifts. You have received this Notice of a proposed collective and class action settlement because you previously filed an opt-in consent-to-join form in the lawsuit captioned Ryan DeKeyser, et al. v. Waupaca Foundry, Inc., f/k/a ThyssenKrupp Waupaca, Inc., No. 1:08-cv-488-WCG. You should read this notice carefully. If you participate in this proposed collective and class action settlement, Waupaca will not and cannot retaliate against you for doing so. IMPORTANT LEGAL NOTICE PLEASE READ THIS NOTICE CAREFULLY 1

2 YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT SUBMIT A VALID CLAIM FORM BY DECEMBER 12, 2018 The only way to get a payment. DO NOTHING OBJECT GO TO A HEARING You will give up rights relating to the legal claims in this Case and you will not receive a settlement payment. Write to the Court if you do not like the settlement and explain why. If the settlement is nonetheless approved, you will still receive a payment if you submit a valid claim and you will be bound by the terms of the settlement despite your objection. Ask to speak in Court about the fairness of the settlement. If the settlement is ultimately approved, you will still receive a payment if you submit a valid claim and you will be bound by the terms of the settlement despite your appearance at a hearing. These rights and options and the deadlines to exercise them are explained in this Notice. The Court in charge of this Case still has to decide whether to finally approve the settlement. If the Court approves the settlement, payments will be made after any appeals are resolved. Please be patient. 1. Why did I get this Notice? BASIC INFORMATION Waupaca s records appear to show that you work, or previously worked, for Waupaca as a nonexempt, hourly paid, foundry production employee at either or both of its plants located in Tell City, Indiana and Etowah, Tennessee, at some time between June 4, 2005 through August 20, 2018, and you previously filed an opt-in consent-to-join form in the DeKeyser lawsuit. The Court has allowed this Notice to be sent to you to inform you about a proposed global settlement of collective and class action lawsuits, and about your options, before the Court decides whether to finally approve the settlement. If the Court approves the settlement, and after any appeals are resolved, payments will be made to Class Members who submit a valid claim. This Notice explains the Case, the settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them. 2. What is the Case about? Some hourly production employees at Waupaca s Wisconsin, Indiana and Tennessee foundries sued Waupaca. These employees contended that Waupaca failed to pay wages to its non-exempt, hourly production employees for time spent on-site at the plants putting on and taking off protective gear and equipment, showering, and walking to and from the production floor before and after their work-shifts. These employees assert that the failure to pay these wages violates the Fair Labor Standards Act ( FLSA ), Wisconsin Labor Standards Laws and the Indiana Wage Payment Statute. Waupaca disputed these allegations and asserted that it properly paid its employees in compliance with all state and federal laws. The parties have decided to settle their dispute to avoid the expense and uncertain outcome of a trial. Chief Judge William C. Griesbach of the United States District Court for the Eastern District of Wisconsin is overseeing this proposed global settlement. 2

3 3. Why is this a collective action and who is involved? In a collective action lawsuit, one or more people called Class Representatives (here, Ryan DeKeyser, Thomas Cooper, and Carlo Lantz) sue on behalf of other people who have similar claims. In 2009, the Court overseeing the DeKeyser case determined that it could proceed as a collective action under the federal FLSA. This allows the claims in the case to be resolved for a large group at one time, rather than requiring individual suits for the same types of claims. Notice was issued and then-current and former Waupaca employees filed opt-in consent-to-join forms in order to affirmatively join the DeKeyser lawsuit. Since that time, additional Waupaca employees filed opt-in consent-to-join forms in cases captioned Jason VanHoose, et al. v. Waupaca Foundry, Inc., No. 1:18-cv WCG, Michael Sarrell, et al. v. Waupaca Foundry, Inc., No. 1:18-cv WCG, or Hoy Garrett, et al. v. Waupaca Foundry, Inc., No. 1:18-cv WCG. Collectively, all four cases are referred to throughout this Notice as the Case. The people who opted-in together are a FLSA Class or FLSA Class Members. The employees who sued and all the FLSA Class Members like them are called the Plaintiffs. The company they sued (here, Waupaca) is called the Defendant. One court resolves the issues for everyone in the FLSA Class. In addition to a collective action, there are also Wisconsin state claims being asserted by a certified class of individuals employed at Waupaca s Waupaca and Marinette, Wisconsin foundries who did not previously opt-in to the DeKeyser case. A separate notice and claim form is being sent to those employees. 4. Why is there a Settlement? The Court did not decide in favor of the Plaintiffs or Defendant. Instead, both sides agreed to a global settlement of all four cases. The Class Representatives and their attorneys think the settlement is best for everyone in the Class. By settling, everyone avoids the cost of trials, and the employees affected will get monetary compensation. WHO IS IN THE SETTLEMENT 5. How do I know whether I am part of the Settlement? This Settlement is a global settlement of the four cases referenced above. The group of individuals receiving this particular Notice is defined as: All persons who are or were employed by Waupaca Foundry at any time between June 4, 2005 through August 20, 2018, as nonexempt, hourly paid, foundry production employees at plants located in Tell City, Indiana and Etowah, Tennessee, who previously filed opt-in consents to join one of the above-captioned actions, and who are not or have not been paid for their on-site donning, doffing or showering. The words donning and doffing mean putting on and taking off work clothes and/or personal protective equipment You have received this Notice because you previously filed a consent-to-join in this Case and, as a result, you are a member of the FLSA Class. If it is approved, the global settlement will cover all FLSA Class Members who did not previously exclude themselves from the FLSA Class, as well as the members of the Wisconsin state law class previously discussed (collectively Settlement Class Members ). To be a part of and receive any money pursuant to the Settlement, all Settlement Class Members must submit a valid claim by December 12,

4 6. What claims are covered by the Settlement? THE TERMS OF THE SETTLEMENT The Settlement will resolve all of the claims FLSA Class Members could have brought against Waupaca regarding its alleged failure to pay wages to its non-exempt, hourly production employees for the time the employees spent on-site at the plants donning and doffing protective gear and equipment, showering, and walking to and from the production floor under the FLSA and Wisconsin, Indiana and Tennessee laws. 7. What are the basic terms of the Settlement? Class Fund: Waupaca will pay $1,700,000, which will be available for settlement payments to Settlement Class Members who submit a valid claim form. Each Settlement Class Member who submits a valid claim form will receive a payment estimated to range from $50 to up to $600 per qualifying work year. Their settlement payment will be calculated based upon their responses in the claim form with regard to whether they engaged in particular post-shift activities (i.e., changing clothes and showering) and the frequency with which they engaged in those activities. Regardless of the responses in the claim form, if you are an eligible Settlement Class Member, you will be entitled to a monetary award up to $50 for pre-shift activities per work year. Your award is subject to a reduction should the amount of valid claims exceed $1,700,000. Settlement checks will become void if not cashed within six (6) months after distribution. Service Payments: Waupaca will be asked to pay service payments to the Named Plaintiffs, Class Representatives and other current and former Waupaca employees who assisted Plaintiffs Counsel in prosecuting the case ranging from $1,500 to $5,000, subject to Court approval. These service payments will not affect the amount of your recovery. Settlement Administration Expenses Award: Plaintiffs Counsel will pay the Settlement Administrator for the processing of the Settlement, including the expenses of providing notice of the Settlement to Class Members, handling the claims administration process, processing payments to Class Members, and handling tax reporting requirements. Attorneys Fees, Expert Witness Fees and Costs Award: The claims at issue have provisions allowing the attorneys to recover their fees, costs and expenses. Waupaca will pay up to $3,500, to Plaintiffs Counsel for the various categories of attorneys fees, costs, expenses, expert witness fees, service awards, class notice and claims administration costs Plaintiffs Counsel have incurred and will incur through final judgment in representing Plaintiffs and the Class, subject to Court approval. This amount will not fully compensate the attorneys for the time and litigation costs they incurred in prosecuting this case. This amount will not affect the amount of your recovery. Release of Claims: Upon final approval by the Court, the FLSA Class will irrevocably release all claims against Waupaca that were brought or that could have been brought based on any facts alleged in the Complaint in this Case. This Release specifically includes any claims for wages, overtime, penalties, liquidated damages, interest, fees, costs, attorneys fees and all other forms of relief that were sought or that could have been sought based on the facts alleged in the Complaint. You are not releasing or waiving any claim wholly unrelated to wage and hour claims, such as those covered by workers compensation law, state or federal discrimination laws, or state or federal unemployment compensation laws. Dismissal of Action: Upon final approval, the Court will enter a judgment of dismissal of the Case with prejudice, but shall retain jurisdiction to enforce the terms of the settlement. 8. What am I giving up to get a payment? You are not giving up any new rights by being in the FLSA Class because you already agreed to be bound by any judgment on your FLSA claims when you filled out and submitted your consent-to-join form and joined the Case. You cannot exclude yourself from the FLSA Class. 4

5 HOW YOU CAN GET PAYMENT 9. How can I get a payment? You must send in a Claim Form to be eligible to receive a payment. A Claim Form is attached to this Notice. Fill out the form and return it by mail in the enclosed business return envelope or by fax to , or to WaupacaInfo@DahlAdministratio.com. The Claim Form must be received or post-marked on or December 12, You may also get a claim form on the internet at and submit it electronically. If you are receiving this notice on behalf of a Settlement Class Member who has died, and you want to make a claim for benefits, and think you have a right to the proceeds, you can submit a claim. Surviving spouses or family members of Settlement Class Members are encouraged to call Plaintiffs Counsel, , who can assist you in making a claim. A check for your share of the settlement will be sent to you at your most current address available at the time of payment, so it is important that you tell the Settlement Administrator if you move or your address has changed. 10. When would I get my payment? The Court will hold a hearing on January 24, 2019 to decide whether to finally approve the settlement. If the Court approves the settlement, the parties will then have to wait to see whether there is an appeal. This will take at least thirty (30) days and, if there is an appeal, can take up to a year or more to resolve. In the event of an appeal, information regarding the appeal s progress will be made available at If there is no appeal, we expect payments will go out within approximately sixty (60) days of the Court s final approval of the settlement. Please be patient. 11. Do I have a lawyer in this case? THE LAWYERS REPRESENTING YOU The Court has decided that lawyers from the law firms of Larson King, LLP, Zimmerman Reed LLP, Barrett Johnston Martin & Garrison, LLC, and Biesecker Dutkanych & Macer, LLC are qualified to represent you and the other individuals receiving this Notice. These lawyers are called Plaintiffs Counsel. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense. 12. Do I have to pay any attorneys or other costs? No, unless you want to be represented by your own lawyer. Your settlement share, and the class fund for employees, will not be increased or reduced by the amounts, if any, awarded to Plaintiffs Counsel in the Case. As indicated above, Plaintiffs Counsel will seek payment of their attorneys fees, expert witness fees, and litigation costs which must be approved by the Court as part of the final approval of this settlement. Plaintiffs Counsel has been working on this Case since June 2008, and as yet has not received any attorneys fees or reimbursements for the costs of the Case. The Settlement is being administered by Dahl Administration, PO Box 3614 Minneapolis, MN OBJECTING TO THE SETTLEMENT 13. If I don t like the Settlement, how do I tell the Court? If you are a FLSA Class Member, have not previously excluded yourself from the Case, and do not like the settlement or the fee request, you can object. You must do so in writing and you must state the reasons why you 5

6 think the Court should not approve the settlement. If you object, be sure to include your name, address, and telephone number, the name of the lead case (DeKeyser, et al. v. Waupaca Foundry, Inc., f/k/a ThyssenKrupp Waupaca, Inc., Case No. 1:08-cv WCG), the reasons you object to the settlement, whether you plan to appear at the final fairness hearing, and a signature. You must mail a copy of the objection to the following address postmarked no later November 12, 2018: Waupaca Settlement #8229 c/o Dahl Administration LLC PO Box 3614 Minneapolis MN, If you do not follow the procedures for objecting described above, you will be deemed to have waived your right to raise any objection to the settlement. THE COURT S FAIRNESS HEARING 14. When and where will the Court decide to approve the Settlement? The Court will hold a Fairness Hearing at 2:00 p.m. on January 24, 2019, at the United States District Court, Jefferson Court Building, 125 S. Jefferson Street, Green Bay, Wisconsin , before Judge Griesbach. At that hearing, the Court will determine if the settlement is fair, reasonable, adequate, and in the best interests of the groups of Waupaca employees defined in the beginning of this Notice. Any changes to the final hearing date will be posted on the Court s docket. If there are objections, the Court will consider them. Judge Griesbach will listen to people who have asked to speak at the hearing. After the hearing, the Court will decide whether to finally approve the Settlement, including Plaintiffs Counsel s request for attorneys fees, costs, Settlement Administration Expenses, and Service Payments. We do not know how long that decision will take. 15. Do I have to come to the hearing? No. Plaintiffs Counsel will answer any questions the Court may have, but you are welcome to attend at your own expense, even if you are satisfied with the settlement. If you send an objection, you do not have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend and object, but that is not necessary. Any attorney who will be representing anyone at the Fairness Hearing must file a notice of appearance with the Court on or before 14 days prior to the Hearing. 16. May I speak at the hearing? You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must send a letter stating you intend to appear at the final fairness and approval hearing, and indicate whether you intend to appear with counsel. Be sure to include your name, address, phone number, address and your signature. Your letter must be postmarked no later than November 12, 2018, and be sent to the Court, Plaintiffs Counsel, and Defense Counsel at the three addresses set forth below: COURT PLAINTIFFS COUNSEL DEFENSE COUNSEL United States District Court Attn: Hon. William Griesbach Jefferson Court Building 125 S. Jefferson Street Green Bay, WI LARSON KING, L.L.P. T. Joseph Snodgrass Kelly A. Lelo 2800 Wells Fargo Place 30 E. Seventh Street St. Paul, MN Michael Best & Friedrich LLP Paul E. Benson Mitchell W. Quick 100 East Wisconsin Avenue Suite 3300 Milwaukee, WI

7 IF YOU DO NOTHING 17. What happens if I do nothing at all? If you do nothing, you will be bound by the terms of the settlement, including the Release described in Section 7, above and you will not receive a settlement payment. You must submit a valid Claim Form by the deadline of December 12, 2018 to be eligible to receive a settlement payment. 18. Are there more details about the Settlement? GETTING MORE INFORMATION This Notice summarizes the proposed Settlement. More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement by writing to the Settlement Administrator, Waupaca Settlement #8229, c/o Dahl Administration, PO Box 3614, Minneapolis MN, , or by visiting the website which has a copy of the Settlement Agreement posted. You may also call the Settlement Administrator with questions regarding the Settlement at Plaintiffs motion for final approval of the settlement agreement, including Plaintiffs Counsel s request for attorneys fees, costs, Settlement Administration Expenses, and Service Awards for certain Plaintiffs will be available for you to review on January 11, 2019 at If you have a question for Plaintiffs Counsel, you can contact Zimmerman Reed LLP at waupaca@zimmreed.com or or write to Zimmerman Reed LLP, 1100 IDS Center, 80 South 8th Street, Minneapolis, MN PLEASE DO NOT CONTACT THE COURT OR THE JUDGE WITH ANY INQUIRIES. 7