NOTICE OF CLASS ACTION SETTLEMENT
THIS NOTICE AFFECTS YOUR RIGHTS. PLEASE READ IT CAREFULLY.
This is not a solicitation from a lawyer.
The United States District Court for the Eastern District of Wisconsin authorized this notice.
RE: Settlement of claims that drivers were paid less than minimum wage during training
- A proposed classwide settlement has been reached between the Plaintiff, William Milford (“Class Representative”), and the Defendant, Roehl Transport, Inc. (“Defendant”) regarding Plaintiff’s claims that Defendant failed to pay the minimum wage during training.
- For settlement purposes only, the Court has preliminarily certified two classes:
(1) All individuals who earned their CDL before coming to Roehl and participated in the Roehl Transport Safety and Job Skills Training Program and who received trainee pay during the three years preceding the filing date of the complaint and who do not opt out of the Wisconsin law claims as part of the settlement notice process (the “Rule 23 Wisconsin Minimum Wage Class”); and
(2) All individuals who earned their CDL before coming to Roehl and participated in the Roehl Transport Safety and Job Skills Training Program and who received trainee pay during the three years preceding the filing date of the complaint who opt in to the FLSA claims as part of the settlement notice process (the “FLSA Collective”).
- You are receiving this Notice because you have been identified as a member of both the Rule 23 Wisconsin Minimum Wage Class and the FLSA Collective. This Notice is to inform you about the settlement and your rights related to the settlement.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
PARTICIPATE IN THE SETTLEMENT
If you wish to receive your share of the settlement funds, you must submit a claim form. The deadline to submit a claim form is April 9, 2024. The claim form may also be submitted electronically Here. If you do not sumit a claim form by April 9, 2024, you will lose your right to receive a monetary payment from the settlement.
More information about this option is available in section 9.
DO NOTHING
If you do nothing, your right to pursue the state law minimum wage claims will be released (meaning you cannot pursue those claims). You will not receive any monetary payment from the settlement. You will keep any right to sue separately under the FLSA, but your time to bring FLSA claims will be limited by either a two-year or three-year statute of limitation.
EXCLUDE YOURSELF FROM THE SETTLEMENT
If you exclude yourself from the settlement by April 9, 2024, you will not receive any payment, will not be considered a part of this settlement, and will not release any claims. You may not object to the settlement if you exclude yourself.
More information about this option is available in section 9.
OBJECT TO THE SETTLEMENT
You may write to the Court if you object to the terms of the settlement. The deadline to object to the settlement is April 9, 2024. You may not object if you exclude yourself from the settlement. You must submit a claim form to receive your share of the settlement funds, even if you object.
More information about this option is available in section 9
1. What is this litigation about?
Plaintiff William Milford filed a lawsuit in United States District Court for the Eastern District of Wisconsin on August 3, 2022, on behalf of himself and other similarly situated drivers, in a case titled Milford, et al. v. Roehl Transport, Inc., Case No. 2:22-cv-00879-BHL. On October 28, 2022, Plaintiff filed a First Amended Class and Collective Action Complaint. The claims asserted by Plaintiff relate to the Roehl Transport Safety and Job Skills Training Program (“SJSTP”) and whether trainee pay complied with Wisconsin law and the Fair Labor Standards Act (“FLSA”). Defendant filed a Motion to Dismiss on November 14, 2022. On March 14, 2023, the Court ruled on Defendant’s Motion to Dismiss, and declined to dismiss Plaintiff’s minimum wage claims to the extent that they were based on his allegation that Roehl failed to pay him the minimum wage for all hours worked. As to all other counts, the Court dismissed Plaintiff’s claims. Defendant continues to deny the allegations in this case. However, the parties decided to enter into this Settlement after good faith, arm’s length negotiations, and believe that the settlement is fair and reasonable in light of the risks and expenses associated with continued litigation.
2. Who is included in the Settlement Class?
The following classes have been conditionally certified for settlement purposes only:
(1) All individuals who earned their CDL before coming to Roehl and participated in the Roehl Transport Safety and Job Skills Training Program and who received trainee pay during the three years preceding the filing date of the complaint and who do not exclude themselves from the Wisconsin minimum wage class as part of the settlement notice process (the “Rule 23 Wisconsin Minimum Wage Class”); and
(2) All individuals who earned their CDL before coming to Roehl and participated in the Roehl Transport Safety and Job Skills Training Program and who received trainee pay during the three years preceding the filing date of the complaint who consent to join the FLSA claims as part of the settlement notice process (the “FLSA Collective”).
3. What are the Benefits and Terms of the Settlement
To settle this case on behalf of the class and collective, Defendant has agreed to pay a total of $75,000 (the “Settlement Fund”), inclusive of all alleged damages, liquidated damages, penalties, interest, costs, and attorneys’ fees.
If the Court approves the settlement, you are eligible to receive a portion of the Settlement Fund after the attorneys’ fees and costs, a service award to the class representative, and the reasonable costs of settlement administration are paid from the Settlement Fund. The remaining amount is called the Net Settlement Fund. If the Court approves the settlement and you submit a claim form, you will receive an Individual Settlement Amount. You may also be eligible to be paid additional amounts from the settlement depending on how many others submit claim forms.
Your estimated Individual Settlement Amount is calculated using a formula with two components: (a) a fixed amount per week for each of the weeks you worked for Roehl while receiving trainee pay and (b) a variable amount based on your pro rata share of total SJSTP deductions during weeks while receiving trainee pay.
One half of your Individual Settlement Amount (1/2) will be treated as W-2 wages and the other half (1/2) as 1099 other income (reported in Box 3). The Settlement Administrator will report these amounts to the appropriate taxing authorities. Please consult with an accountant or other tax advisor regarding the tax consequences of the settlement.
Based on the records provided to the Settlement Administrator by Roehl, your estimated Individual Settlement Amount was based on the number of weeks you worked while receiving trainee pay. If you would like to to confirm the number of weeks or if you wish to dispute your estimated Individual Settlement Amount, you may notify the Settlement Administrator and provide documentation that supports your dispute, including the number of weeks you claim to have worked while receiving trainee pay.
4. Who is Class Counsel?
The Court has appointed Hillary Schwab and Rachel Smit of Fair Work, P.C. of Boston, Massachusetts, as Class Counsel to represent the Settlement Class. The contact information for Class Counsel is listed below in Section 10.
5. How much are Attorneys’ Fees and Costs and the Service Awards to the Class Representative?
Class Counsel pursued this case on a contingent fee basis and to-date has not received any payment for their time spent litigating this case or reimbursement of their out-of-pocket expenses related to the litigation. As part of the settlement, subject to approval, Class Counsel will apply for attorneys’ fees in an amount not to exceed $25,000, which is one-third of the Settlement Fund. The payment for attorneys’ fees and costs to Class Counsel will be recovered from the Gross Settlement Fund. Participating Class Members will not be required to make any payments to Class Counsel for attorneys’ fees or other costs from their Individual Settlement Amounts.
Class Counsel will also ask the Court to approve a service award to William Milford in recognition of his assistance to Class Counsel and contribution to achieving the settlement on behalf of the Settlement Class, in an amount not to exceed $5,000.
In addition, Class Counsel will ask the Court to approve payment of reasonable costs of settlement administration to Optime Administration, LLC, the settlement administrator chosen by the parties to administer this settlement. The costs of administration are anticipated to be approximately $7,500.
6. What happens if the Court Approves the Settlement?
If the Court approves the proposed settlement, all Settlement Class Members who submit a timely claim form will be entitled to receive their estimated Individual Settlement Amount. Their FLSA claims will be dismissed with prejudice on the merits. Their state law minimum wage claims will also be dismissed with prejudice on the merits.
As for Settlement Class Members who do not submit claim forms, their minimum wage claims under state law will be released, unless they follow the instructions in section 9 for excluding themselves from the settlement. They will not release their claims under the FLSA. They will keep any right to sue separately under the FLSA, but their time to bring an FLSA claim will be limited by either a two-year or three-year statute of limitation.
Settlement Class Members who do not exclude themselves will be barred from bringing their own lawsuits for recovery against Defendant under the Wisconsin minimum wage law, to the fullest extent allowed by law. This is true even as to those Settlement Class Members who do not submit a claim form. Additionally, Settlement Class Members who do not exclude themselves from the settlement will release all claims relating to their participation in the Roehl Transport Safety and Job Skills Training Program, for which they received trainee pay, that were brought on behalf of the Rule 23 Wisconsin Wage Class or the FLSA collective.
Settlement Class Members who validly and timely request exclusion from the settlement will not be entitled to receive money or other relief as part of this settlement and will not release any claims.
7. What happens if the Court does not approve the Settlement?
If the Court does not approve the proposed settlement, the case will proceed as if no settlement has been attempted. This means that the case may not be certified by the Court as a class or collective action, which would mean that your interests would not be represented during the remainder of the litigation. If a class or collective is certified, class members could recover less than is provided for in this Settlement, more than is provided for in this Settlement, or nothing at all, and it cannot be predicted when any resolution would be reached.
8. When is the Fairness Hearing?
A telephonic hearing will be held before the Honorable Brett H. Ludwig, in the United States District Court for the Eastern District of Wisconsin on April 24, 2024, at 9:30 AM Central. The hearing will be accessible to all participants by telephone. Information about how to attend the hearing may be requested from the Settlement Administrator. The purpose of the hearing is for the Court to decide whether the proposed settlement is fair, reasonable, and adequate as to the Class and should be approved and, if so, to determine what amount of attorneys’ fees and costs should be awarded to Class Counsel and what amount should be awarded as a service award to the Class Representative.
9. What are my options regarding the Settlement?
If you are receiving this Notice, you have the following options:
Participate in the Settlement: If you wish to receive your share of the settlement funds, you must submit a claim form. The deadline to submit a claim form is April 9, 2024.
If and only if you submit a claim form timely, you will receive an Individual Settlement Amount, and you will release your claims against Defendant as described in section 6.
The claim form may be submitted by mail, email, or fax to the Settlement Administrator, whose contact information is in section 10. The claim form may also be completed, signed, and submitted electronically Here.
Do Nothing: If you do nothing, your right to pursue the Rule 23 minimum wage claims under state law will be released (meaning you cannot pursue those claims), but you will not receive any monetary payment from the settlement. You will keep any right to sue separately about the FLSA claims, but your time to bring an FLSA claim will be limited by either a two-year or three-year statute of limitation.
Request Exclusion from the Settlement: If you wish to be excluded from the settlement, you must request exclusion no later than April 9, 2024. Your request for exclusion from the settlement must state at the top of the letter “Request for Exclusion from Settlement in Milford, et al. v. Roehl Transport, Inc., No. 2:22-cv-00879-BHL,” and should include (1) your full name, address, email address, and telephone number; (2) a statement that you understand that you will not be eligible to recover any monies as part of the settlement as a result of your request for exclusion; and (3) your signature. All requests for exclusion must be returned by First-Class U.S. Mail to the Settlement Administrator at the address below. If you exclude yourself from the settlement, you will not receive any monies from the settlement.
Object to the Settlement: If you are a Settlement Class Member and you do not request to be excluded, you may object to the terms of the settlement. If you object and the settlement is approved, you will be barred from bringing your own lawsuit asserting Rule 23 minimum wage claims under state law or FLSA claims, and you will be bound by the final judgment and release and all orders entered by the Court. You may, but need not, enter an appearance through counsel of your choice if you choose to object. If you do, you will be responsible for your own attorneys’ fees and costs.
If you object to the settlement you must, on or before April 9, 2024: (1) file your written objection with the United States District Court for the Eastern District of Wisconsin, and (2) serve copies of the objection on Class Counsel and Defense Counsel. A written objection should include, at a minimum, the following: (a) your full name, address, email address, and telephone number, (b) a description of the reason for your objection and any arguments supporting your objection, (c) a statement of whether you intend to appear at the Fairness Hearing, whether in person or through counsel, and (d) your signature (even if you are represented by counsel).
If you intend to appear at the Fairness Hearing through counsel, the objection must also state the identity of all attorneys representing you who will appear at the Fairness Hearing. Settlement Class Members who do not timely make their objections in this manner will be deemed to have waived all objections and shall not be heard or have the right to appeal approval of the settlement.
10. Are there more details available?
If you have any questions or require additional information, please contact the Settlement Administrator:
Roehl Settlement Administrator
c/o Optime Administration, LLC
P.O. Box 3206
Brockton, MA 02304
Telephone: 844-625-7313
Fax: 781-287-0381
Email: RoehlSettlement@optimeadmin.com
You may also contact Class Counsel:
Hillary Schwab
Rachel Smit
Fair Work, P.C.
192 South Street, Suite 450
Boston, MA 02111
Voice Mail: 857-800-0440
Email: class.admin@fairworklaw.com
PLEASE DO NOT CONTACT THE COURT CLERK REGARDING THIS MATTER