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This settlement is closed!
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A $475,000 settlement has been reached in a Phillips 66 class action lawsuit, alleging the company misclassified some employees as contract workers.
Those who can benefit from the class action settlement include current and former Phillips 66 construction field representatives and Hayes Field services workers who worked at one of the company’s stations between May 20, 2017 and the present.
To be eligible, workers must have been classified as independent contractors, not employees, and must not have received a day rate with no overtime.
A worker filed the Phillips 66 wage & hour class action lawsuit against the company in 2018, alleging that he and others were improperly classified as independent contractors, rather than employees. The plaintiff claimed that Phillips 66 used this classification to dodge important benefits that employers are required to provide to employees under federal law, including minimum wage and overtime. The plaintiff also alleged that Phillips 66 violated New Jersey state law.
According to the complaint, Phillips 66 hired workers as independent contractors, requiring them to work more than the federally mandated 40 hours per week, but only paying them a flat rate.
The Phillips 66 wage & hour class action lawsuit contended that the company misclassified workers. Specifically, these workers were unable to set their own work scheduled or pick where they wanted to work, both important features of being an independent contractor. These Phillips 66 workers were also required to follow the company’s guidelines and work requirements. They were not permitted to hire or fire employees.
In addition, the plaintiff alleged that he and others classified as independent contractors worked up to 12 hours a day, sometimes for seven days a week, without being paid overtime wages for more than eight hours a day or 40 in a week.
The Phillips 66 wage & hour class action lawsuit contended that the company violated the Fair Labor Standards Act, a federal law protecting employees, along with New Jersey’s Wage and Hour Law.
Indeed, the Fair Labor Standards Act provides important protections for American employees, including overtime and minimum wage, as well as required meal and rest breaks and record-keeping standards.
However, companies have come under fire for trying to dodge these requirements and cut their expenses by improperly classifying workers as independent contractors, rather than employees.
Phillips 66 continues to deny the class action lawsuit allegations, saying they believe workers were paid fairly. However, the company agreed to pay $475,000 to end the legal action as a “business solution” to the dispute.
Under the terms of the class action settlement, Class Members will each receive a portion of the settlement award, after attorney and administrative fees, and plaintiff’s awards are paid out. Each award will depend on the number of hours and time a Class Member spent working while classified as an independent contractor with Phillips 66.
The claim will cover unpaid wages or overtime, along with other claims for unpaid compensation by Phillips 66 going back three years from when the claim form is signed.
To make a claim in the Phillips 66 wage & hour class action settlement, Class Members must submit a claim form. Claim forms can be submitted online with a CPT ID and passcode available from the notice. Class Members who did not receive the settlement notice can print and mail a claim form. The claim form requires a Social Security or tax payer identification number.
Claim forms must be submitted by Aug. 31, 2020. Settlement checks will be mailed by shortly after the claim form deadline or by Sept. 1, 2020.
Final approval of the Phillips 66 wage & hour class action settlement was issued on May 20, 2020.
Who’s Eligible
Current and former Phillips 66 construction field representatives and Hayes Field services workers who worked at one of the company’s stations between May 20, 2017 and the present.
To be eligible, workers must have been classified as independent contractors, not employees, and must not have received a day rate with no overtime.
Potential Award
Varies.
Awards will be based on the number of hours and weeks worked by each Class Members while classified as an independent contractor with Phillips 66, in addition to the number of valid claims filed.
Proof of Purchase
Online claim forms require a CPT ID and passcode available from the settlement notice. Claim forms can also be printed and mailed. The mailed claim form requires a Social Security or tax payer identification number.
Claim Form
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
8/31/2020
Case Name
Hester, et al. v. Phillips 66 Company, Case No. 4:18-CV-1078, in the U.S. District Court for the Southern District of Texas – Houston Division
Final Hearing
5/20/2020
Settlement Website
HesterPhillips66Settlement.com
Claims Administrator
Overtime Lawsuit Against P66 Hester v. Phillips 66 Co Settlement Administrator
C/O CPT Group Inc.
50 Corporate Park
Irvine, CA 92606
1-888-506-0456
HesterPhillps66Settlement@CPTGroup.com
Class Counsel
JOSEPHSON DUNLAP LLP
BRUCKNER BURCH PLLC
Defense Counsel
Kimberly Frances Cheeseman
Shana Johnson Clark
NORTON ROSE FULLBRIGHT US LLP
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