BRETT STEWART v. API INC., ET AL. Settlement

If you were a non-exempt employee of API at the Shell Cracker Plant during any workweek from November 3, 2018, to November 27, 2022, then you are considered a member of the class.  A Settlement Agreement has been reached in this case and you have options to exercise.

This lawsuit was commenced on November 3, 2021, with the filing of a Class Action Complaint and Demand for Jury Trial.  In general terms, the Complaint alleges that API failed to pay the Class all overtime wages owed under the PMWA for pre-shift and post-shift work.  API vigorously denies that it did anything wrong and contends that it has paid all overtime wages owed to its non-exempt employees under the PMWA.  This is only a summary.  You can obtain more-detailed information as set forth FAQ 13 below.

In a Class Action lawsuit, the “Class Representative” (in this case, Brett Stewart) sues on behalf of himself and others who have similar claims.  All of these people together are called a “Class” or “Class Members.”  API is called the Defendant.  In a Class Action, one court resolves the issues for everyone in the Class, except for those who choose to exclude themselves from the Class.  The Court decided this case should proceed as a Class Action and granted preliminary approval of the Settlement Agreement because the Court found that the lawsuit meets the requirements of the Federal Rules of Civil Procedure that govern Class Actions.  In general, the Court found that there are legal questions and facts common to all Class Members, and the claims of the Class Representative are typical of the claims of the rest of the Class, that these common questions are more important than questions affecting only individuals, and that the Class Action will be more efficient than hundreds of individual lawsuits. The Court also found that the Class Representative, and Class Counsel, will fairly and adequately represent the interests of the Class.

The parties reached a settlement to avoid the costs and risks of further litigation in this matter.  As part of the Settlement Agreement, Class Members who submit a claim form will receive payment of a share of the settlement proceeds.  The total amount of the settlement is $1,050,000.00.  Plaintiff is requesting attorneys’ fees in the amount $350,000.00 (1/3 of the recovery), expense reimbursements in the amount of $37,087.63, settlement administration costs in the amount of $18,000.00, and a service payment for the Class Representative in the amount of $10,000.00.  If the Court approves Plaintiff’s request, then $634,912.37 will be distributed to the 659 Class Members covered by the Settlement Agreement.

To receive an individual settlement payment, you must submit a valid claim in a timely manner as described in the notice.  Your share of the Settlement Agreement is based upon the total number of hours you worked for API at the Shell Cracker Plant from November 3, 2018, to November 7, 2022.  For every 40 hours you worked for API, you will receive an estimated settlement value of $33.73.  

All settlement payments constitute wages, and you are responsible for payment of all taxes associated with your settlement payment.  Your settlement payment will be reduced by all ordinary taxes and withholdings, and you will receive an IRS Form W-2 that reports the gross payment and applicable tax withholdings.

This settlement payment is contingent upon approval by the Court.  If the Court approves the Settlement Agreement, then you will receive your individual settlement payment at the time directed by the Court.  However, if the Court does not approve the Settlement Agreement, then you will not receive the settlement payment described above.

To receive a settlement payment, you must fully complete the claim form that you received in the mail, and return it to the following address: API Class Action Settlement, c/o Settlement Administrator, PO Box 23489, Jacksonville, FL 32241-3489.

Your fully completed claim form must be mailed and postmarked by no later than March 6, 2025, if you want to receive a settlement payment in this case.  If you do not mail and postmark a fully completed claim form to the address above on or before March 6, 2025, then you will not receive a settlement payment in connection with this lawsuit but will still be bound by the release of claims against API in connection with your work at the Shell Cracker Plant.

If you receive a settlement payment or do not opt-out of this lawsuit, you release and forever discharge API (including, their owners, predecessors, successors, assigns, agents, directors, officers, board members, employees, representatives, attorneys, parents, subsidiaries, fiduciaries, affiliated divisions and companies), whether under federal or state law, from any and all claims, obligations, causes of action, actions, demands, rights, and liabilities of every kind, nature and description, whether known or unknown, whether anticipated or unanticipated, which arise on or before November 27, 2022 and were pled in the Action or are reasonably related to claims that could have been pled in the Action, including all such claims related in any way to the calculation or payment of wages under the Pennsylvania Minimum Wage Act, the Pennsylvania Wage Payment and Collection Law, the Fair Labor Standards Act, all as amended, and their implementing regulations, or any other statutory or common law theory for wages or overtime, and benefits related thereto, penalties, liquidated damages, punitive damages, interest, attorneys’ fees, litigation costs, restitution, and equitable relief. This includes, but is not limited to, such claims as: failure to pay overtime based on the regular rate of pay; failure to properly calculate compensable time worked; failure to compensate for all time worked; failure to provide compliant meal or rest breaks or to pay for missed, interrupted, or shortened breaks; failure to provide accurate, complete, or timely wage statements; failure to provide accurate or timely wage notices; and failure to pay or reimburse for business expenses.

For this reason, you will be prohibited from suing API for any of the claims described above related to your work at the Shell Cracker Plant.  You will be promising not to sue API or participate in a class action lawsuit based upon the claims described above related to your work at the Shell Cracker Plant. If you are currently suing API in connection with your work at the Shell Cracker Plant or intend to sue API in connection with your work at API, then you should consult with an attorney about the impact of this release on such current or intended lawsuit. 

If you already have a lawsuit against API for similar claims and want to continue with it, or if you do not agree with the claims made in this lawsuit, then you may ask to be excluded from the Class.  If you remove yourself from the Class (sometimes called “opting out of the Class”), then you will not receive any of the settlement proceeds.  However, you may be able to sue or make a claim against API on your own.  If you start your own lawsuit against API after you exclude yourself, you will have to independently prove your claims, and you may have to hire your own lawyer.

To be excluded, you must send an “Opt-Out Request” in the form of a letter sent by U.S. Mail, stating that you want to be excluded from the API Class Action.  Be sure to include your name, address, and telephone number.  The letter must be signed by you.  You must mail your Opt-Out Request postmarked by March 6, 2025, to: API Class Action Settlement, c/o Settlement Administrator, PO Box 23489, Jacksonville, FL 32241-3489.

You may not exclude yourself by phone or by e-mail.  If you ask to be excluded, then you will not receive a settlement payment and cannot object to the Settlement Agreement.  However, by excluding yourself, you will not be bound by the release of claims against API in connection with your work at the Shell Cracker Plant.

The Court has certified the law firm of Jubelirer, Pass & Intrieri, P.C. as Class Counsel.  These are the lawyers who represent the Class Members.  You do not need to hire an attorney because Class Counsel is working on your behalf if you are a Class Member.  If you want your own lawyer, then you will have to hire that lawyer. You can ask him or her to appear in a Court for you if you want someone other than Class Counsel to speak for you.

Class Counsel worked on this case on a pure contingency basis—meaning they agreed to advance all costs and would not get paid unless money was recovered in the case.  Under the Settlement Agreement, Class Counsel has asked the Court to approve attorneys’ fees in the amount $350,000.00 (1/3 of the recovery), expense reimbursements in the amount of $37,087.63, and settlement administration costs in the amount of $18,000.00.  You will not pay any additional attorneys’ fees or costs out of your individual share of the settlement proceeds.

The Court will hold a hearing to determine whether the Settlement Agreement should be approved.  You are not required to attend the hearing, but it is your right to do so if you wish.  At the hearing, the Court will consider whether the Settlement Agreement is fair and reasonable.  The Court will consider all the written objections and will hear from any Class Members who wish to speak to the Court.  The Court will hold a hearing at 11:00 AM on March 19, 2025, in Courtroom 3A of the United States Courthouse, 700 Grant Street, Pittsburgh, PA 15219.  This hearing will be subject to adjournment without further notice to the Class Members other than that which may be posted by the Court.

If you do not agree with the terms of the Settlement Agreement and believe it should not be approved by the Court, then you may file Objections.  The Court will consider your Objections when determining whether to approve the Settlement Agreement.  To file Objections, you must write a letter stating that you object to the Settlement Agreement in this case.  The letter must include your full name, address, telephone number, e-mail, and signature and must state why you are objecting to the Settlement Agreement.  You may consult with a lawyer about your objections if you wish to do so.  However, you do not need a lawyer to file Objections to the Settlement Agreement in this case.  If you do not have a lawyer, then simply explain to the Court why you are objecting.

Objections must be mailed and postmarked by no later than March 6, 2025, to: API Class Action Settlement, c/o Settlement Administrator, PO Box 23489, Jacksonville, FL 32241-3489.  You cannot object by phone or e-mail.

If you have questions about the case or the claims process, please review the Frequently Asked Questions, the Important Court Documents, and then either call 888-491-3942, or send an e-mail to [email protected].