Melissa LaFreniere ย |ย  March 22, 2016

Category: Closed Class Actions

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.

Whoโ€™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.ย 

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 ยป

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

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

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. ย There is a 30 day period in which appeals can be filed. ย Claims will not be paid until after the appeals period expires, and there are not any appeals filed. ย Please keep checking Top Class Actions for updates. ย 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

[email protected]

Class Counsel

Christopher J. Williams
Alvar Ayala
WORKERSโ€™ 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 โ€“ LAW DEPARTMENT

Join a Free Wage & Hourย 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 โ€“ and you donโ€™t have to take on the company alone. You may be eligible toย join a free class action lawsuit investigation against your employer and seek compensation for unpaid wages.

ย 

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432 thoughts onFerrara Candy Company Discrimination Class Action Settlement

  1. George says:

    Any updates what happened in court today???

  2. Dennis says:

    Any news? Final was today

  3. T.H says:

    Any updates

  4. Chill will says:

    Well today is the day again is they gonna kick the can down the road again.

    1. George says:

      Hope not!

  5. Dean says:

    Anyone know the total number of Claimants that successfully completed everything and will be paid?

    1. Top Class Actions says:

      A document filed with the court on October 26, 2016 states that there were a total of 1,824 potentially eligible claimants. Of the 1,824, only 788 claimants submitted complete and timely claim forms, along with returning Medicare and tax forms. The document goes on to state that the โ€œNet Class Settlement Fund of $847,500 is to be divided among the 788 Eligible Claimants, resulting in a gross payment of $1,075.50 for each Eligible Claimant.โ€. But, this could change, based upon whether or not the court grants the settlement final approval without any changes. Please keep checking Top Class Actions for updates. We are following the case and will let our viewers know as soon as the settlement receives final approval!

      1. Top Class Actions says:

        We communicated information that was filed with the court on 10/26/16. We also recommend you review the FAQs on the settlement website, #4 and #5 do a good job of explaining the terms of the settlement. You should contact class counsel with your concerns about the settlement amount and to confirm exact amounts. Class counsel contact information is listed in the FAQs on the settlement website. We wish you the best of luck in getting your questions answered!

  6. George says:

    Can there still be appeals after the final hearing? Anyone know how much this payout will be?

    1. Top Class Actions says:

      There is a 30 day period after a settlement receives final approval in which appeals can be filed. Keep checking Top Class Actions for updates. We are following the case. We will let our viewers know as soon as the settlement receives final approval, and if any appeals are filed!

      1. George says:

        Thanks TCA!

      2. Top Class Actions says:

        The settlement agreement states that within 14 days of the Effective Date, the settlement administrator shall mail a check to each class member who filed a timely and valid claim. However, the court does not always immediately grant final approval to the settlement on the date of the final hearing. Sometimes the court takes time to review the information presented at the hearing and any objections that may have been made. Because the case has had so many delays, itโ€™s not easy to estimate how quickly the court will issue approval. Keep checking TCA for updates! We are following the case and will let our viewers know as soon as the final approval is issued!

  7. Annie Jackson says:

    No, unclear. Hi

  8. SUSAN says:

    just talk with admin. final hearing November 3,stop lying.

    1. Jane says:

      Hello Susan, did they indicate that we need to complete these forms again or not?

      Thank you,

      1. SUSAN says:

        I DO NOT UNDERSTAND WHY THEY ARE SENDING THE SAME FORMS OUT AGAIN.I CALLED AND INQUIRED ABOUT RECVDING IT AGAIN.I WAS TOLD TO JUST FILL OUT AGAIN AND MAIL BACK IN.THAT WHEN I ALSO ASKED ABOUT THE POST I HAD JUST READ.CHECKS BEING MAILED.WAS TOLD FINAL HEARING 11/03.SO( INCORRECT).I DONโ€™T KNOW WHY ANNIE WILL POST THAT.BUT,IF JUDGING HER IS INCORRECT,I APOLOIZE ANNIE.HOPE THIS INFO WILL BE OF HELP JANE.

        1. Jane says:

          Thanks Susan, do you know how much the payout is suppose to be for this settlement?

          1. SUSAN says:

            donโ€™t know

  9. Annie Jackson says:

    $1450, fill them out again. Just got paid!

  10. Jane says:

    If you received the forms again, did you complete them again or did you contact the administration? How much is this settlement is suppose to pay out?

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.