Drummond, et al. v. Herr Foods Inc.

Welcome to the Drummond, et al. v. Herr Foods Inc. Website

Case Relevant EventDate
A Claim Form, for those who have not already opted-in, must be filed online, sent by fax or email, or be postmarked and submitted by August 15, 2016 
An opt-out or a request for exclusion must be postmarked and submitted by August 15, 2016
An Objection must be postmarked and submitted by August 15, 2016
Final Fairness Hearing September 6, 2016


The purpose of this website is to provide information about the Class Settlement regarding Herr Foods Inc ("Herr's").  Although the information on this website is intended to assist you, it does not replace the information contained in the Notices or the Settlement Agreement, which can be downloaded from this website in the Case Documents section.

If you worked as a route salesperson or senior route salesperson for Herr's at some point between November 10, 2011 and January 31, 2016, you may be eligible for a payment from this Settlement.

SUMMARY OF THE CASE

In this case, six (6) former route salespersons, Kalvin Drummond, Mohammed Bah, Christopher Grandison, Shane Bent, Robert Ciampaglia, and Stefan Godley (collectively, the "Class Representatives"), assert that Herr’s violated the federal Fair Labor Standards Act ("FLSA"), the Pennsylvania Minimum Wage Act, the Pennsylvania Wage Payment and Collection Law, the New Jersey Wage and Hour Law, the New Jersey Wage Payment Law, the Maryland Wage and Hour Law, and the Maryland Wage Payment and Collection law, by failing to pay route salespersons overtime wages for hours worked over 40 hours in a workweek and for deducting from route salespersons’ wages for shortages.

Herr’s denies all of the Class Representatives’ allegations and continues to assert that it paid its employees fairly and consistent with the law. However, it has decided to settle the Lawsuit. The Settlement enables Herr’s to dedicate its time and resources to ongoing business operations and, as such, benefits both its employees and customers.

The employees’ attorneys, who are referred to as "Class Counsel," believe that the Settlement benefits the class members. The Settlement provides a benefit to a large number of present and former route salespersons, and enables the class members to avoid the risk that Herr’s could win the Lawsuit, in which case class members would recover nothing. The Settlement also enables class members to recover money without the delay of protracted litigation.

The Settlement is the result of good-faith, arms-length negotiations between the Class Representatives and Herr’s, through their respective attorneys, which included months of discussions, several depositions, motion practice, the formal and informal exchange of thousands of pages of documents and data, negotiations through counsel experienced in these types of cases, and a mediation presided over by an experienced mediator. The settlement represents a compromise regarding disputed claims, considering the risks and uncertainties of continued litigation. The Class Representatives and Class Counsel have determined that the Settlement is fair, reasonable, and adequate and is in the best interests of the class members.

The Federal Judge overseeing the Lawsuit has "preliminarily approved" the Settlement as fair. The Federal Judge will make his final decision regarding the fairness of the Settlement at the Fairness Hearing

CLASS MEMBER OPTIONS

Do Nothing: If you have already opted-in to this Settlement, you do not have do do anything to receive a payment.  If you have not already opted-in to the Settlement, you will not receive any money under this Settlement, but you will still legally release your claims,which are described in Section 6 of the Notice.

Change Contact Information: Update your personal information with the Claims Administrator to ensure your Settlement check is mailed to the correct address.   It is your responsibility to notify the Settlement Administrator of any change in your name or mailing address. 

Exclude Yourself: You can exclude yourself if you do not want to participate in the  Settlement.  To exclude yourself, you must follow the directions in the Notice.  Requests for exclusion must be submitted by August 15, 2016 to be valid.  If you exclude yourself, you will not receive a Settlement check. This is the only option that allows you to pursue your own claims, at your own expense, against Herr's.

Object: If you believe the settlement is unfair or inadequeate, you may object to the Settlement.  You must comply with the directions that are stated in the Notice.  In order to object to the Settlement, you must remain a class member and may not opt-out or exclude yourself from the Settlement.