Court approves settlement of class action lawsuit against Bell & Evans related to COVID

A recent settlement has been approved by a court in a COVID-related class action lawsuit against Bell & Evans, a Fredericksburg chicken processor in Lebanon County, Pennsylvania. The lawsuit involved approximately 3,800 employees who will now receive overtime pay for hours worked in 2020 due to mandatory COVID testing requirements imposed by the company during the pandemic. The employees had to undergo COVID-19 screenings at three locations, resulting in overtime hours when combined with their regular work hours. Bell & Evans initially denied that the employees were entitled to overtime pay for the time spent on testing activities.

The employees filed a lawsuit alleging violations of the federal Fair Labor Standards Act and other state and federal laws that mandate the payment of overtime for hours worked beyond 40 hours per week, including the time spent on COVID testing and traveling to testing sites. The settlement agreement, which was approved by Lebanon County Common Pleas Court Judge Bradford Charles, entails Bell & Evans establishing a $412,250 settlement fund. This fund will be used to compensate the 3,842 employees involved in the lawsuit, with each employee receiving a base payment of $10 plus an additional amount based on the number of weeks they underwent COVID testing. The employees’ attorney, Marielle Macher from the nonprofit Community Justice Project, indicated that the average payout per employee is estimated to be around $100.

Following a review by the court to ensure that all affected employees had been identified, notified of the settlement, and accounted for, Judge Charles approved the settlement on April 5th. Additionally, provisions were made to reserve funds for employees who might surface at a later date. As part of the settlement, Bell & Evans did not admit any fault or misconduct, and the lawsuit will be officially closed.

Class actions like this one consolidate claims by multiple individuals who have experienced similar harm or losses. By grouping together plaintiffs with shared grievances, class actions streamline the legal process and prevent redundant lawsuits. Settlements in class action cases in Pennsylvania undergo judicial scrutiny to guarantee that all eligible class members are accounted for and provided with an opportunity to participate in the settlement process.