This page provides the answers to class members’ most frequently asked questions.

The information provided is in summary form and is not intended as a complete explanation of your rights. For full and complete information, you are directed to review carefully the Notice of Fair Labor Standards Act Settlement and Release of Claims.

About The Settlement

Am I being sued?

No, you are not being sued.

What is this Settlement about?

The three Named Plaintiffs allege Kellogg Sales Company and Kellogg Company (collectively referred to as “Kellogg”) improperly classified them as exempt employees under the Fair Labor Standards Act and failed to pay them overtime wages for all hours worked over 40 in a workweek. Kellogg disputes the claims and allegations, denies that it violated the Fair Labor Standards Act, and vigorously defended the lawsuit.

What does the Settlement Provide?

All of the terms of the Settlement can be found in the Settlement Agreement. In summary, the settlement requires Kellogg to create a settlement fund of $1,851,689.56. This Settlement Fund shall be used to pay the claims of the 3 Named Plaintiffs, the 74 people who already filed consents to sue that remain pending in this case, and those who physically worked for Kellogg in a KSR position between July 13, 2014 and August 18, 2017, who choose to opt in to the settlement during the notice period.

What are my options?

You three options: (1) you can choose to receive your share of the settlement money in exchange for submitting a claim form and giving up your claims; (2) you can choose to participate in the settlement but object to its terms and let the Court resolve your objections, understanding that you will be bound by the Court’s decision; or (3) you can do nothing, in which case you won’t receive money and you won’t give up your claims. More detailed information regarding each of these options can be found in the Notice of Fair Labor Standards Act Settlement and Release of Claims.

Will my participation have an impact on my employment?

Whether you decide to submit a claim form to participate in this settlement, object to it, or do nothing, you are free to make your choice without fear of retaliation. Kellogg will not retaliate against you based on your choice. Even if you previously filed a consent to sue form and opted-out or if you signed an agreement that contains an arbitration clause, you have the right to participate in this settlement.

How can I get my payment?

If you wish to receive a settlement share from the settlement fund, you must file a Claim Form. If you do so and if the Court grants final approval of the settlement, you will receive a check in the mail.

When will I get paid?

If the settlement is approved, monies owed to you will be mailed within 15 days after the settlement becomes effective, which could be 33 or 63 days after the Court issues its approval, barring any appeal. The entire process for giving this notice, obtaining Court approval and receiving payment is estimated to take approximately six months from the date of this notice. PLEASE BE PATIENT.

When and where will the Court decide whether to approve the Settlement?

The Court will hold a fairness hearing on June 14, 2021 at 9:00 a.m at the United States District Court for the Western District of Michigan at 107 Federal Bldg, 410 W. Michigan Ave, Kalamazoo, MI 49007, before Judge Paul L. Maloney.

Are there more details about the Settlement?

The full Settlement Agreement is available HERE and the full Notice of Fair Labor Standards Act Settlement and Release of Claims is available HERE.

You can also obtain more information about the settlement by contacting Plaintiffs’ Counsel at:

Getman, Sweeney & Dunn PLLC
260 Fair Street
Kingston, NY 12401
(845) 255-9370
jfriday@getmansweeney.com.

PLEASE DO NOT CONTACT THE COURT, THE JUDGE, KELLOGG, OR KELLOGG’S ATTORNEYS WITH QUESTIONS ABOUT THE SETTLEMENT. THEY ARE NOT IN A POSITION TO ADVISE YOU ABOUT THE SETTLEMENT.