Dupont, Adecco Wage & Hour Class Action Settlement

A DuPont Adecco class action settlement worth $5 million has been reached to resolve claims that workers were denied wages.

The settlement benefits individuals who worked 12-hour shifts at DuPont’s Towanda, Pa. facility between November 2009 and Dec. 31, 2018 and were required to wear equipment and/or engage in shift relief.

Plaintiffs filed their DuPont Adecco class action lawsuit in 2012, claiming they were denied overtime wages while working at a Towanda, Pa. plant that manufactures X-ray screens, coated films and wet-processing solutions.

According to the plaintiffs, DuPont policies forced them to work for longer than 12 hours of paid work. Before a shift, workers allegedly had to be in their area up to 15 minutes before their shift started to provide “shift relief.” Additionally, workers were reportedly expected to be at work before their shifts to put on uniforms and safety equipment. Additional unpaid time was allegedly allocated after shifts to take off this equipment.

The DuPont Adecco class action lawsuit argued that workers were not paid for this work and were also denied overtime for the hours worked above their normal hours.

The company argued in opposition to Class certification that they were not required to pay meal breaks but did – payment which offset the shift relief required by workers. DuPont later filed for summary judgement and won. However, in 2016, the Third Circuit reversed the decision.

The case was even elevated to the U.S. Supreme Court, although the high court declined to hear the case. After this, the parties reportedly entered into settlement negotiations. The DuPont Adecco class action settlement worth $5 million does not assign any fault or wrongdoing, but resolves the claims in the class action lawsuit.

Class Members will be eligible to receive cash payments from the DuPont Adecco class action settlement. Payments will vary depending on the length of time the Class Member worked for the defendants. For tax purposes, half of each payment will be considered back pay while the other half will be considered non-wage damages.

In order to benefit from the DuPont Adecco class action settlement, Class Members must file a valid claim form by Aug. 25, 2020. Claim forms can be printed from the settlement website and mailed to the settlement administrator. However, Class Members do not have to file a claim form if they returned a complete consent form to join the FLSA collective.

The settlement will also provide up to $2 million in attorneys’ fees, up to $150,000 in service awards, and up to $46,000 in costs. Although attorneys’ fees are high – equaling 40% of the total settlement, plaintiffs in the settlement motion noted that the fees are “justified in this instance due to the very long duration of this case, the multiple appeals taken and won by plaintiffs’ counsel — including an appeal to the U.S. Supreme Court — and the risk of zero recovery had the case been lost at any litigation stage.”

The deadline for exclusion and objection is Aug. 25, 2020. By excluding themselves from the DuPont Adecco settlement, Class Members will give up their chance to recover payment but will retain their legal rights to bring claims for the same issue in the future. By objecting, Class Members remain in the settlement but voice their issues with certain settlement terms.

The final approval hearing for the DuPont Adecco class action settlement is scheduled for Sept. 22, 2020.

Who’s Eligible

Individuals who worked 12-hour shifts at DuPont’s Towanda, Pa. facility between November 2009 and Dec. 31, 2018 and were required to wear equipment and/or engage in shift relief.

Potential Award

Cash payments of varying amounts.

Payments will vary depending on the length of time the Class Member worked for the defendants. For tax purposes, half of each payment will be considered back pay while the other half will be considered non-wage damages.

Proof of Purchase

N/A

Claim Form

CLICK HERE TO FILE A CLAIM »

Class Members do not have to file a claim form if they returned a complete consent form to join the FLSA collective.

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

8/25/2020

Case Name

Smiley, et al. v. E.I. du Pont de Nemours and Co., et al., Case No. 3:12-cv-02380, in the U.S. District Court for the Middle District of Pennsylvania

Final Hearing

9/22/2020

Settlement Website

DuPontAdeccoSettlement.com

Claims Administrator

Dupont/Adecco Settlement Administrator
c/o Analytics Consulting LLC
P.O. Box 2002
Chanhassen, MN 55317-2002
claims@DuPontAdeccoSettlement.com
1-877-553-1580

Class Counsel

David Fryman
BALLARD SPAHR LLP

Defense Counsel

Eric R. Magnus
JACKSON LEWIS PC

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