Melissa LaFreniere  |  March 22, 2016

Category: Closed Class Actions

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This settlement is closed!

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ferrara wage and hour class action lawsuit settlement

Ferrara Candy Company agreed to pay $1.5 million to settle a class action lawsuit that accuses the business of discriminating against potential workers simply because they are African-American.

Plaintiffs Brian Lucas, Aronzo Davis, Torrence Vaughans and Maurice Milton filed the class action lawsuit on behalf of themselves and all others seeking employment at the Ferrara Candy Company, either directly or through two staffing agencies known as Labor Power and REM.

According to the lawsuit, the company limited or completely excluded African-American workers from being hired by Ferrara for positions of Machine Operator, Mogul Cook, Engrosser, Janitor, Quality Control Technician or Shipping Clerk.

The plaintiffs claim that they were steered away from available jobs at Ferrara by the staffing agencies who instead hired Latinos for those positions.

Ferrara, Labor Power and REM denied all allegations of wrongdoing but decided to settle the class action lawsuit to avoid the cost of further litigation.

Who’s Eligible

The Ferrara Candy class action settlement is open to all Ferrara Direct Applicant Class Members and all African-Americans who sought a work assignment through REM or through Labor Power and were otherwise eligible to work at Ferrara but were not assigned or hired to work at the company between Feb. 27, 2009 and Dec. 22, 2015.

Potential Award

Varies. 

The Ferrara Candy Company class action settlement will pay each Class Member who files a valid Claim Form an equal share of the $1.5 million fund, up to $7,500 each.

Proof of Purchase

N/A

Class Members must file a valid and timely Claim Form to receive a portion of the Settlement Fund.

Claim Form

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

05/03/2016

Case Name

Lucas, et al. v. Ferrara Candy Company, et al., Case No. 1:13-cv-01525, in the U.S. District Court for the Northern District of Illinois, Eastern Division

Final Hearing

11/29/16

UPDATE: As of July 15, 2016 the final hearing was scheduled for July 21, 2016.  However, on July 14, 2016 a joint motion was filed with the court requesting the final hearing be continued to September 2016.  We appreciate your ongoing patience. Top Class Actions will continue to provide updates as we learn more. 

UPDATE 2: On Sept. 8, 2016, the court granted a joint motion to reschedule the final hearing to November 3, 2016. Top Class Actions will continue to provide updates as we learn more. 

UPDATE 3: On Nov. 4, 2016. the final hearing was rescheduled for November 29, 2016.

UPDATE 4: On Dec. 2, 2016, the court granted the Ferrara Candy Company settlement final approval.  There is a 30 day period in which appeals can be filed.  Claims will not be paid until after the appeals period expires, and there are not any appeals filed.  Please keep checking Top Class Actions for updates.  We will let our viewers know if any appeals are filed.

UPDATE 5: On Jan. 12, 2017, Top Class Actions viewers who filed valid claims for the Ferrara discrimination class action settlement began receiving checks worth as much as $904.82!

Claims Administrator

Lucas v. Ferrara Candy Company
c/o GCG
P.O. Box 35100
Seattle, WA 98124-1100
888-586-9841

info@gardencitygroup.com

Class Counsel

Christopher J. Williams
Alvar Ayala
WORKERS’ LAW OFFICE, PC

Joseph M. Sellers
Shaylyn Cochran
COHEN, MILSTEIN, SELLERS & TOLL, PLLC

Defense Counsel

William Francis Dugan
Cintra Bentley McArdle
Richard Patrick McArdle
SEYFARTH SHAW LLP

Lisa Handler Ackerman
Kimberly Elizabeth Blair
WILSON ELSER MOSKOWITZ EDELMAN & DICKER, LLP

Regina Worley Calabro, Esq.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.

Kelly Meghan Ross
Tina B. Solis
NIXON PEABODY LLP

Jill C. Taylor
CITY OF CHICAGO – LAW DEPARTMENT

Join a Free Wage & Hour Class Action Lawsuit Investigation

If you were forced to work off the clock or without overtime pay within the past 3 years, you have rights – and you don’t have to take on the company alone. You may be eligible to join a free class action lawsuit investigation against your employer and seek compensation for unpaid wages.

 

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432 thoughts onFerrara Candy Company Discrimination Class Action Settlement

  1. christopher ferguson says:

    not yet

  2. Th says:

    Anybody received a check today!

  3. Just grateful says:

    In the beginning we were told up to 7,500 which means an estimate was already calculated.. No one is really expecting to get under $1,000 especially since so many claims have been denied.. I’m trying to see how this is possible, and damn how much did the attorneys get paid?.. Geesh,,,,,,, true they helped fight for us but hell we are still the victims here.. Under $1000 is some bullshit from the math I’m doin’,,, I’m just sayin’..

    1. Leslie says:

      Agreed! Anyone get a check today????

    2. Dwayne says:

      Subject to Court approval, Class Counsel will receive no more than twenty-five percent (25%) of the Settlement Amount, as approved by the Court, for all past and future attorneys’ fees and reasonable costs incurred or that will be incurred in this Lawsuit through final approval of the settlement as set forth in the Stipulation of Settlement.

      fund is 1,500,000-(375,000 25% to lawyers)=1125000 divided by claim members 748=1504.02 each before taxes this is what math said it will be, if 300 people less great more money but don’t be thinking you are getting anything over 2000 after taxes by the math you cant do it

  4. hilltop says:

    I need my money and I wanted now..jgwentworh.

  5. David says:

    I have to say with so many people being denied how can this payment be only 1,000 dollars. I going to wait and see tomorrow for that mail. Thing not adding up.

    1. Lewis says:

      I know right

  6. Lewis says:

    The checks are coming from Seattle,WA and they will be a little under $1000

  7. Annette says:

    Any one receive a payment yet?

    1. Jane says:

      Most people are getting denial letters, but I thought the denial letters and checks were going out the same time.

      1. Leigh Braxton says:

        I received a Notice of Ineligibility, claiming that I did not sign my claim form. I called 888 404-8013 and spoke with Katy and Lionel and they escalated my inquiry to their supervisor and Project Manager, after confirming they did in fact have all the proper tax and Medicare paperworked and they were all signed and initialed and submitted timely. The letter was sent to me in error and I am awaiting a call back with a resolution along with several others.

    2. James Wilson says:

      Checks suppose to went out yesterday

      1. Jane says:

        The denial letters must have went out on Monday or last Friday. Most people are getting those first.

    3. Earl Jones says:

      I think based on where the checks are coming from that some could see as early at Thursday the 12th

  8. Joyce Fair says:

    Here are some numbers you may be interested in there was 1824 potentially eligible claimants
    Of the 1824 only 788 submitted complete and timely forms.
    Now the question becomes of the 788, did 300 more get denied?
    788 will get $1075 if the number is 488 then its$ 1700
    It stands to reason that if a black person was interviewed and not hired and the company has your documents on file and the reason has nothing to do with your blackness example…your background check came back shaken they don,t have to ask you anything but they will note on your interview paperwork why. If you went through a temp service hell they just didn’t send you if you were black.

  9. Th says:

    Have anyone received a check?

  10. Charles says:

    Thieves,. They are trying to steal my money. Not eligible how, me and my friend did the exactly the same thing. Certified each letter and tax forms. But he approved to receive a part of the settlement and i am not. Then you can’t tell me why but to look for a letter. I am getting my own attorney.

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