Lopez v. Delta Air Lines, Inc. Class Action Settlement
The purpose of this website is to provide a summary of the information contained in the Lopez v. Delta Air Lines, Inc. Class Action Settlement notice packet to class members ("Class Notice"). For more detailed information, you may download the Class Notice and other documents regarding the proposed settlement ("Settlement") from the Case Documents section.
In the Action, Plaintiffs allege on behalf of themselves and a putative class of non-exempt employees in California the following claims against Defendant: (1) failure to provide meal periods; (2) failure to provide rest periods; (3) failure to pay overtime wages; (4) failure to pay minimum wages; (5) failure to timely pay wages; (6) failure to pay all wages due to discharged and quitting employees; (7) failure to maintain required records; (8) failure to furnish accurate itemized wage statements; (9) failure to indemnify for necessary expenditures incurred in the discharge of duties; (10) unfair and unlawful business practices; and (11) civil penalties. The Action asserts claims for unpaid wages, statutory penalties, civil penalties under the California Labor Code Private Attorneys General Act (“PAGA”), restitution, interest, attorneys’ fees, and costs.
Defendant is confident that it has strong legal and factual defenses to these claims, but it recognizes the risks, distractions, and costs associated with litigation. Defendant contends that its wage and hour policies, including those regarding payment for time worked, overtime pay, meal breaks, and rest breaks, are lawful and have been lawful throughout the Class Period. Defendant also contends that Plaintiffs’ claims do not meet the requirements for class certification.
This Settlement is the result of good faith, arm’s length negotiations between Plaintiff and Defendant, through their respective attorneys. Both sides agree that in light of the risks and expenses associated with continued litigation, this Settlement is fair and appropriate under the circumstances, and in the best interests of the Class Members. The Settlement is a compromise and is not an admission of liability on the part of Defendant.
YOUR RIGHTS AND OPTIONS
You have two options under this Settlement, each of which is discussed below. You may: (A) remain in the Class and receive a settlement payment; or (B) exclude yourself from the Class and from the Settlement. If you choose to remain in the Class, you may also object to the Settlement, as explained below.
OPTION A. Remain in the Class.
If you wish to remain in the Class and be eligible to receive a payment under the Settlement, you do not need to do anything. You will be included in the Class automatically. By remaining in the Class and receiving settlement monies, you consent to the release of claims that are asserted or could have been asserted based on the allegations of the Second Amended Complaint, including claims for wages, penalties, liquidated damages, interest, attorneys’ fees, costs and equitable relief.
Any amount paid to Class Members will not count or be counted for determination of eligibility for, or calculation of, any employee benefits (for example, vacations, holiday pay, retirement plans, non-qualified deferred compensation plans, etc.), or otherwise modify any eligibility criteria under any employee pension benefit plan or employee welfare plan sponsored by Releasees, unless otherwise required by law.
OPTION B. If You Do Not Want To Be Bound By The Settlement.
If you do not want to be part of the Settlement, you must submit a signed written request to be excluded from the Settlement (“Opt-Out Request”) to the Settlement Administrator. To be valid, your Opt-Out Request must be postmarked on or before October 12, 2017. If you do not timely submit a signed Opt-Out Request (as evidenced by the postmark), your Opt-Out Request will be rejected, you will be deemed a member of the Settlement Class, and you will be bound by the release of Released Claims as described in the “What claims are being released by the proposed Settlement?” section above and all other Settlement terms. If the Opt-Out Request is sent from within the United States, it must be sent through the United States Postal Service by First-Class
U.S. Mail, or the equivalent. If you timely submit a signed Opt-Out Request, you will have no further role in the Action, and for all purposes, you will be regarded as if you never were either a party to this Action or a Class Member, and thus you will not be entitled to any payment from the Settlement and will not be entitled to or permitted to assert an objection to the Settlement.
Objecting to the Settlement:
If you believe the proposed Settlement is unfair or inadequate in any respect, you may object to the Settlement by submitting a written objection to the Settlement Administrator.
All objections must be signed and set forth your name, address, telephone number, and the name and number of the Action: Lopez v. Delta Air Lines, Inc., Case No. 2:15-cv-07302-SVW-SS. All objections must be postmarked no later than October 12, 2017. Your objection must clearly state the reasons why you believe the Court should find that the proposed Settlement is not in the best interest of the Settlement Class, and why you believe the Settlement should not be approved. The Settlement Administrator shall forward copies of any objections to Class Counsel and to Defendant’s Counsel within three days of receipt. Class Counsel shall submit copies of any objections received to the Court in conjunction with the filing of the motion for final approval of the Settlement.
You may hire an attorney at your own expense to appear on your behalf or you may appear personally at the Final Approval Hearing if you submit a timely objection in the manner described above. Any Class Member who does not object in the manner described above shall be deemed to have waived any objections, and shall be foreclosed from objecting to the fairness or adequacy of the proposed Settlement, the payment of attorneys’ fees and costs, the service payments to the Class Representatives, and any and all other aspects of the Settlement.
Even if you submit an objection, you will be bound by the terms of the Settlement, including applicable releases as set forth above, unless the Settlement is not finally approved by the Court.
Note: You cannot object to the Settlement if you request exclusion from the Settlement
Please contact the Settlement Administrator if your contact information changes or is different than the address to which the notice was sent.