NOTICE TO CURRENT AND FORMER DRIVER EMPLOYEES OF SKAGIT TRANSPORTATION, INC. FROM MAY 10, 2010 TO MAY 29, 2016
- The parties have reached a proposed settlement in the class action lawsuit entitled Bodily, et al. v. Skagit Transportation, Inc., Case No. 13-2-19306-0 SEA.
- Defendant Skagit Transportation, Inc. (“Skagit” or “Defendant”) will pay a total of $345,000 to settle this action.
- Copies of the Class Notice were mailed to all Class Members on October 7, 2016. If you received the notice in the mail, it means you have been identified as a Class Member and may be entitled to a payment from the settlement. You will be bound by the settlement. Your legal rights are affected whether you act or don’t act. Please read this notice carefully.
- You must submit a valid and timely signed Claim Form to receive a proportional share of the settlement. Claim Forms were mailed to all known Class Members, enclosed with the Class Notice, on October 7, 2016.
- If you do not submit a valid and timely signed Claim Form, you will not receive a share of the settlement but you will release all claims against Defendant.
|October 25, 2016||
Class Counsel’s Deadline to File Motion for Attorneys’ Fees and Costs (which will be posted on this website)
|November 21, 2016||
Deadline to mail Claim Forms (must be postmarked on or before this date)
|November 21, 2016||
Deadline to mail Objections to the Settlement (must be postmarked on or before this date)
|December 12, 2016 at 8:30 a.m.||
Final Settlement Approval Hearing
1. Who received this notice?
If you received a copy of this notice in the mail, it is because you have been identified from existing records as a Class Member, which includes: All current and former driver employees who worked for Defendant at any time from May 10, 2010 to May 29, 2016.
2. What is this lawsuit about?
Plaintiffs claim Defendant violated Washington State law by failing to provide and/or pay driver employees for all the rest breaks to which they were entitled and by failing to meet its timekeeping and/or recordkeeping requirements. Defendant denies Plaintiffs’ claims and contends that it has always allowed its employees sufficient rest breaks, has paid them for those breaks, and has always kept proper timekeeping records.
3. Why is there a settlement?
The Court did not decide in favor of Plaintiffs or Defendant. Instead, both sides agreed to a settlement. This allows the parties to avoid the cost of a trial, and the people affected will be entitled to compensation. The Class Representatives and the attorneys think the settlement is best for all Class Members.
4. What claims are resolved by the settlement?
The settlement will resolve all of the claims that Class Members could have brought against Defendant regarding Defendant’s alleged failure to provide or pay driver employees for all the rest breaks they were allegedly entitled to receive and to meet its timekeeping and recordkeeping requirements from May 10, 2010.
5. What are the basic terms of the settlement?
Subject to Court approval, the essential terms of the settlement are as follows:
Settlement Fund: Defendants will pay $345,000 for the settlement. This money will be distributed as follows: (a) $166,000 will be used to pay Class Members who submit valid and timely claims, (b) $4,000 will be used to pay each named Plaintiff up to $2,000 for their services in representing the Class, (c) $5,000 will be used to pay settlement administration costs; and, (d) $170,000 will be used to compensate Class Counsel for the fees and litigation costs they have incurred in representing the Class.
Monetary Relief: The settlement allocates $166,000 to pay Class Members for a substantial amount of the wages allegedly owed to them as calculated by Class Counsel based on Skagit’s timekeeping and payroll records. This includes compensation for rest breaks to which driver employees allegedly have been entitled during their employment with Skagit.
Distribution of Settlement Fund: Each Class Member who submits a valid and timely Claim Form (enclosed with this Class Notice) will receive a proportional share of the settlement based on the wages that each Class Member submitting such a Claim Form earned during the class period. The amount of your settlement payment will be calculated based on Class Counsel’s analysis of Defendant’s payroll records.
Tax Treatment of Claim Share Portion of Settlement Payments: Fifty percent (50%) of each Class Member’s settlement share will be treated as wages and subject to normal payroll tax withholdings and payments. Fifty percent (50%) of each Class member’s share will be treated as non-wage damages on which there will be no tax withholding. Employer-side taxes will not be paid from the Settlement Proceeds. Please consult an accountant regarding the taxes you may owe on your settlement share.
Attorney’s Fees and Costs: The settlement provides for attorneys’ fees, expenses, and costs in the amount of $170,000, in addition to the amount available to Class Members. Class Counsel have been working on this case for over three years but have not received any fees or reimbursements for the costs of the lawsuit. If it is approved by the Court, the amount Class Counsel will receive will be less than the amount they would have charged based on their normal rates.
Class Representative Service Award: The settlement provides for service awards to the Class Representatives, Jon Bodily and Nora Snider, in the amount of $2,000 each.
Release of Claims: Upon final approval by the Court, Class Members will dismiss the lawsuit and release Defendant from all claims brought in this lawsuit. The release specifically includes any claims for unpaid wages, exemplary damages, interest, fees, costs, attorneys’ fees and all other claims and allegations made in the lawsuit, including claims alleging failure to comply with any timekeeping or recordkeeping requirements, failure to allow rest periods that comply with WAC 296-126-092, or any assertion of rights relating to any of the foregoing. Additionally, as of the effective date of the Settlement Agreement, all such Class Members shall fully and finally release all claims that could have been brought under the Fair Labor Standards Act and related federal regulations for allegations made in the lawsuit.
Dismissal of Action: Upon Final Approval the Court will enter a Judgment of Dismissal of the Lawsuit with prejudice, but the Court will retain jurisdiction to enforce the terms of the settlement.
6. How can I get a payment?
To get a payment, you must send in a Claim Form. Claim Forms were mailed to all known Class Members, enclosed with the Class Notice, on October 7, 2016. Read the instructions carefully, fill out the Claim Form, sign it, and mail it postmarked no later than November 21, 2016.
7. When would I get my payment?
The Court will hold a hearing on December 12, 2016 to decide whether to approve the settlement. If Judge O’Donnell approves the settlement, the parties will then have to wait to see whether there is an appeal. This will take at least 30 days and, if there is an appeal, can take up to a year or more to resolve. In the event of an appeal, information regarding the appeal’s progress will be posted on this website. If there is no appeal, we expect payments will go out within 60 days of the Court’s approval of the settlement. Please be patient.
8. Do I have a lawyer in this case?
The Court has decided that lawyers from Terrell Marshall Law Group PLLC and Rekhi & Wolk, P.S. are qualified to represent you and all Class Members and has approved them to do so. Together the lawyers are called “Class Counsel.” You will not be charged for these lawyers. If you want your own lawyer, you may hire one at your own expense.
9. If I don’t like the settlement, how do I tell the Court?
If you are a Class Member and you do not like any part of the settlement, you can object. If you object, you must do so in writing and you must state the reasons why you think the Court should not approve the settlement. The Court will consider your views. If you send a letter, be sure to include your name, address, and telephone number; the name of the case: Bodily, et al. v. Skagit Transportation, Inc., Case No. 13-2-19306-0 SEA; the reasons you object to the settlement, and a signature. You must mail a copy of the letter postmarked no later than November 21, 2016 to Terrell Marshall Law Group PLLC, 936 N. 34th Street, Suite 300, Seattle, Washington 98103.
10. When and where will the Court decide whether to approve the settlement?
The Court will hold a Fairness Hearing at 8:30 a.m. on Monday, December 12, 2016, at the King County Superior Court, 516 Third Avenue, Seattle, Washington, 98104, in Courtroom W-817 of Judge Sean P. O’Donnell. At this hearing, the Court will consider whether the settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. You do not have to come to the hearing.
11. What happens if I do nothing at all?
If you do not submit a Claim Form postmarked by November 21, 2016, you will not receive a share of the settlement and you will release all claims against Defendant.
12. How do I get more information?
For further information you can write to Class Counsel at Terrell Marshall Law Group PLLC, 936 N. 34th Street, Suite 300, Seattle, Washington 98103 or call toll-free: 1-855-349-7023.