JOHNATHAN SEILER v. J.T. THORPE & SON, INC. AND KEVIN HOWARD Settlement

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IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
CIVIL DIVISION-CLASS ACTION

JOHNATHAN SEILER, on behalf of himself and all     Others similarly situated,                                                                                 Plaintiff,                                                             vs.                                                     J.T. THORPE & SON, INC., and             KEVIN HOWARD,                                                                       Defendants.

Judge Alan D. Hertzberg                                                         Case No. GD-21-014672

NOTICE OF CLASS ACTION SETTLEMENT AGREEMENT

TO:    All non-exempt employees employed by J.T. Thorpe & Son, Inc. and/or Kevin Howard. (collectively “Defendants”) who worked for one or both of the Defendants at the petrochemical facility in Monaca, Pennsylvania being construed for Shell Chemical Appalachia LLC (the “Shell Cracker Plant”) during any workweek from February 24, 2020 through July 3, 2022.
 

COURT-AUTHORIZED NOTICE. THIS IS NOT A SOLICITATION FROM A LAWYER. YOU ARE NOT BEING SUED.

Johnathan Seiler (hereinafter “Plaintiff”) sued Defendants on behalf of himself and all other non-exempt employees of Defendants at the Shell Cracker Plant during any workweek from February 24, 2020 through July 3, 2022.  Plaintiff alleges that Defendants failed to pay all overtime wages owed to the Class under the Pennsylvania Minimum Wage Act (“PMWA”) for pre-shift and post-shift work during their employment.  Defendants deny that they did anything wrong and claims they paid all overtime wages owed.
 

YOUR LEGAL RIGHTS AND OPTIONS

FILE A CLAIM	File a timely claim and receive benefits. By filing a claim, you will receive a settlement payment. But you give up the right to sue Defendants separately about the same legal claims in this lawsuit, including those claims potentially arising under the Fair Labor Standards Act (“FLSA”).
ASK TO BE EXCLUDED	Remove yourself from this Class Action, get no benefits from the settlement, but keep certain rights. If you ask to be excluded, you will not share in the settlement recovery. But you keep the right to bring separate claims against Defendants about the same legal claims in this lawsuit, including those claims potentially arising under the FLSA.
DO NOTHING	Do nothing – release your claims but receive no monetary benefits. You will remain in this lawsuit but unless you file a claim, but you will receive nothing.  If you fail to act, you will be precluded by the Court from suing Defendants separately about the same legal claims in this lawsuit, including those claims potentially arising under the FLSA.

Your options and other basic information is explained in the Notice that you received.  To ask to be excluded, you must act before June 9, 2025.