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Rosebud FLSA Settlement

Chapaloney v. Rosebud Mining Company, 24-cv-00580 (W.D. Pa.)

Payment Election / Update Address

Welcome to the Rosebud FLSA Settlement Home Page.

The Court has granted preliminary approval to a Settlement of a lawsuit alleging Rosebud Mining Company violated the Fair Labor Standards Act and Pennsylvania Law. If you performed underground coal mining work for Rosebud between April 18, 2021, and October 18, 2024, the Settlement may affect your legal rights.

This website is provided as a service to eligible individuals. 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 CLASS ACTION SETTLEMENT AND FINAL APPROVAL HEARING.”

Current Status

The United States District Court for the Western District of Pennsylvania has preliminarily approved the Settlement as fair and reasonable. The Court will hold a Final Approval Hearing on July 1, 2025 at 10:00 a.m., before the Honorable Cathy Bissoon, in Courtroom 3A of the Joseph F. Weis, Jr. Courthouse, 700 Grant Street, Pittsburgh, PA 15219.

The Settlement Class includes individuals that performed underground coal mining work for Rosebud between April 18, 2021, and October 18, 2024.

The parties to the lawsuit agreed to a binding settlement of this action, and eligible individuals may be entitled to receive money from this settlement.

What Are My Options?

Do Nothing

If you do nothing and the Court grants final approval to the Settlement, you will automatically receive a Settlement Award. By cashing or depositing your Settlement Award, you will opt into the Collective Action part of this case which alleges FLSA violations, and you will release your FLSA claims. If you do nothing and the Court grants final approval to the Settlement, you also will release any state law claims, if applicable, as provided for in Section 5 of the Notice.

If you wish to participate in the settlement and receive your Settlement Award via PayPal or Venmo or direct deposit (for current employees), you may elect to do so by submitting an Election Form online. If you do nothing and do not elect to receive payment via PayPal or Venmo or direct deposit, a check will be mailed to you following final approval of the Settlement.

Request for Exclusion/Opt-Out

— Deadline: May 13, 2025

If you are a member of the Settlement Class and do not wish to be bound by the Settlement, you must submit a written exclusion from the Settlement (“opt-out”), postmarked by May 13, 2025. The written request for exclusion must contain your full name, address, telephone number, email address (if applicable), must be signed individually by you, and must unequivocally state that you request to be excluded from the settlement. A request for exclusion may be withdrawn by sending written notice of withdrawal of a request for exclusion to the Settlement Administrator. No opt-out request may be made on behalf of a group. A request for exclusion must be sent by mail to the Settlement Administrator, at Rosebud FLSA Settlement Administrator, P.O. Box 2003, Chanhassen, MN 55317-2003. Class Counsel will ensure that all exclusion letters are timely filed with the Court. You cannot exclude yourself by phone or by e-mail. Any person who requests exclusion (opts out) of the Settlement will not be entitled to any Settlement Award and will not be bound by the Settlement Agreement or have any right to object, appeal or comment thereon.

Object

— Deadline: May 13, 2025

If you are a member of the Settlement Class and wish to object to the Settlement, you must submit a signed written statement objecting to the Settlement by May 13, 2025. The statement must state the factual and legal grounds for your objection to the Settlement. Your objection must state your full name, address, telephone number, and email address (if applicable), whether you intend to appear at the Final Approval Hearing, the grounds on which you desire to appear and be heard (if any) at the Final Approval Hearing, if you are represented by counsel, and the name and address of your counsel (if any). Any objection must be sent by mail to the Settlement Administrator, at Rosebud FLSA Settlement Administrator, P.O. Box 2003, Chanhassen, MN 55317-2003. If you submit a written objection, you may also, if you wish, appear at the Final Approval Hearing to discuss your objection with the Court and the parties to the Lawsuit. Your written objection must state whether you will attend the Final Approval Hearing, the grounds on which you desire to appear and be heard (if any) at the Final Approval Hearing, whether you are represented by counsel, and the name and address of your counsel (if any). To be heard at the Final Approval Hearing you must also not have requested to be excluded from the Settlement. Class Counsel will ensure that all objection letters are timely filed with the Court. You cannot object by phone or by e-mail. If you wish to object to the Settlement but fail to return your timely written objection in the manner specified above, you shall be deemed to have waived any objection and shall be foreclosed from making any objection (whether by appeal or otherwise) to the Settlement. The postmark date of mailing the objection to Class Counsel and Defendant’s counsel shall be the exclusive means for determining that an objection is timely mailed to counsel. Objections shall only be considered if the Settlement Class Member has not opted out of the Settlement.