In these lawsuits, current and former Tasty distributors have sued Defendant alleging that Defendant misclassified them as independent contractors and violated federal as well as Pennsylvania, New Jersey, and Maryland wage-and-hour law (“state law claims”).
Defendant opposes the lawsuits and denies all of the allegations. Defendant contends that it complied with all applicable federal, state, and local laws and regulations at all times and has asserted various defenses to these claims.
The Court did not decide in favor of the distributors or Defendant. Instead, both sides agreed to a settlement. This avoids the risks and costs of a trial while the distributors affected will have a chance to receive compensation and the changes to Tasty’s distributor program. The Class Representatives and their lawyers think the settlement is best for all Settlement Class Members.
Except as noted immediately below, any individual who, either individually or through a business entity he or she owned, was a party to a Distributor Agreement with Tasty and operated out of a warehouse located in Pennsylvania, New Jersey, or Maryland in the following time periods:
- Pennsylvania: May 15, 2016 – September 10, 2020;
- New Jersey: April 7, 2014 – September 10, 2020; or
- Maryland: September 10, 2017 – September 10, 2020.
However, this settlement excludes those who previously entered into an arbitration agreement with a class action waiver.
Defendant agrees to make payments to the Settlement Class Members. If you received Notice by mail, you can view your estimated gross settlement share. However, the exact amount each Settlement Class Member will receive cannot be calculated until: (1) the Court approves the settlement, including attorneys’ fees and costs and the costs associated with notice and settlement administration; (2) the Settlement Administrator determines the number of Class Members and FLSA Collective Members who have elected not to participate in the settlement; and (3) after payments are made, any adjustments that might be made due to former distributors not cashing their settlement check.
The portion of the settlement fund payable to Settlement Class Members will be allocated using the following formula:
Net Settlement Amount multiplied by the percentage generated from individual Class Member’s workweeks during the Covered Period divided by the total combined workweeks of all Class Members during the Covered Period.
You do not need to do anything other than remain in the lawsuit (that is, you do not exclude yourself) to receive payment from the settlement.
It is your responsibility to notify the Settlement Administrator of any incorrect or change of address, which was listed on the outside of the envelope containing this Notice. You may update your address with the Settlement Administrator by submitting your former and current addresses to:
Tasty Class Action Settlement
c/o Atticus Administration
PO Box 64053
Saint Paul, MN 55164
You can also submit your address information via email to firstname.lastname@example.org.
If you are a current distributor, then you are eligible to receive the $3,500 payment. In exchange for the additional payment of $3,500, current distributors are required to enter into an Amendment to the Distributor Agreement and Arbitration Agreement in the form attached as Exhibit 1 to the Settlement Agreement and can be viewed here. If you sign, date, and cash your settlement checks, you will be deemed to have signed and agreed to both the Amendment and Arbitration Agreement. If you do not sign, date, and cash both of your settlement checks, you will be deemed excluded from the settlement and you will not receive a Settlement Payment or be bound by any terms of this Settlement Agreement.
The Court has decided that the law firms of Saltz, Mongeluzzi, Bendesky P.C. and McOmber McOmber Luber, P.C. are qualified to represent you and all Settlement Class Members. Together, the law firms are called “Class Counsel.” They are experienced in handling class actions and similar cases against other companies. More information about these law firms, their practices, and their lawyers’ experience is available at www.smbb.com, and www.redbanklegal.com.
You and other Settlement Class Members will not be separately charged for the fees, costs, and expenses of these lawyers. You do not need to hire your own lawyer because Class Counsel is working on your behalf.
You may retain your own lawyer to represent you. But, if you want your own lawyer, you will have to pay that lawyer yourself.
Please review your mailed Notice for instructions on what you need to do to exclude or withdraw yourself from the settlement. Any request for exclusion or withdrawal must be postmarked or received by June 26, 2021. If you have further questions on how to exclude yourself, you may contact the Settlement Administrator. The Administrator’s contact information can be found on the Contact Us page of the website.
If you’re a Class Member, you can object to the settlement if you don’t like any part of it. You can give reasons why you think the Court should not approve it. The Court will consider your views. If the Court rejects your objection, you will still be bound by the terms of the settlement, and you will still receive a Settlement Payment.
To object, you must send your written objection by mail to the following three addresses, postmarked on or before June 26, 2021:
Clerk of the Court
U.S. District Court for the Eastern District of Pennsylvania
James A. Byrne U.S. Courthouse
601 Market Street
Philadelphia, PA 19106
Simon Paris, Esq.
Saltz, Mongeluzzi & Bendesky P.C.
One Liberty Place, 52nd Floor
1650 Market Street
Philadelphia, PA 19103
K. Clark Whitney
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
1735 Market Street, Suite 3000
Philadelphia, PA 19103
Your written objection must contain: (1) your full name and contact information (address, telephone number, email address), and signature; (2) reference to these cases (see case names on the first page of this Notice); (3) statement of the legal or factual reasons for your objections; and (4) statement of whether you intend to appear at the Fairness Hearing, either in person or by having a lawyer represent you, and, if you will have a lawyer represent you, a statement identifying that lawyer by name, bar number, address, and telephone number. Your objection must be signed by you (or your legally authorized representative), even if you are represented by a lawyer. In addition, the objecting Class Member must identify any previously filed objections filed by the Class Member and his/her counsel in any state or federal court. This listing must contain (i) the name of the case; (ii) the case number; (iii) the court in which the objection was filed; and (iv) the outcome of the objection.
If you do not submit an objection within the timeframe permitted and as set forth above, you will be barred from seeking review of the settlement terms at any other time.
The Court has preliminarily approved the settlement and will hold a hearing, called a Fairness Hearing, to decide whether to give final approval to the settlement. At the hearing, the Court also will consider the award of legal fees to Class Counsel and the request for service payments to the Class Representatives.
The Court has scheduled the Fairness Hearing for August 12, 2021 at 10:00 a.m. at the United States Courthouse, 601 Market Street, Philadelphia, PA 19106. The date, time or place of the hearing may change without further notice but shall be updated by the Settlement Administrator on this website.