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 CLASS ACTION SETTLEMENT AND FINAL APPROVAL HEARING.”
This case was brought by a former underground miner at Rosebud. He claims that he and other workers were not paid for time worked before and after the scheduled shifts and that Rosebud did not properly calculate overtime, including by including the payment of bonuses in the regular rate of pay. Plaintiff claims that Rosebud violated the Fair Labor Standards Act and Pennsylvania Law.
Rosebud denies Plaintiff’s claims and that it violated the Fair Labor Standards Act or Pennsylvania law. Rosebud asserts that it paid underground coal miners for all time worked before and after scheduled shifts, and that it accurately calculated the regular rate for purposes of paying overtime compensation.
A settlement is a compromise that allows the Parties to reach resolution through compromise. The Parties participated in a mediation with the assistance of a former Magistrate Judge of the United States District Court for the Western District of Pennsylvania. As a result of that mediation, the Parties have agreed to this settlement, instead of continuing to trial.
Under the terms of the Settlement Agreement, Rosebud has agreed to pay Two Million Six Hundred Thousand Dollars ($2,600,000.00) (the “Gross Settlement Amount”). This amount is “non-reversionary,” meaning no portion of the funds will be returned to Rosebud.
The Gross Settlement Amount includes amounts to cover (i) a $20,000 Reserve Fund for late claims or disputes; (ii) a Service Award to the Plaintiff in the amount of up to $10,000 in exchange for his service to the class and in addition for his broader release of claims; (iii) the Fee and Cost Payment to Class Counsel, not to exceed $866,667 (i.e., one-third of the Gross Settlement Amount) plus costs not to exceed $25,000; (iv) Settlement Administration costs in the amount not to exceed $12,000; and (v) Settlement Awards. After deductions of amounts for payments in (i) – (iv) above, what remains of the Gross Settlement Amount shall be divided into monetary Settlement Awards to the Settlement Class and Collective Members.
Under the terms of the proposed settlement, you do not need to do anything to receive a settlement award under the terms of the settlement, and a check will automatically be sent to you if the Court grants final approval to the settlement unless you choose to exclude yourself from the settlement.
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 you wish to participate in the settlement and receive your Settlement Award via PayPal or Venmo instead of check, you may elect to do so by submitting an Election Form on the Settlement Website. 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.
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.
The Settlement does not allow any Settlement Class Members to exclude themselves from the settlement or decide not to be a part of the Settlement. While some class action settlements allow class members to “opt out” of a settlement, because of the nature of the claims Plaintiffs have asserted in this lawsuit, Settlement Class Members do not have any right to opt out.
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. You are not required to attend the hearing.
The date and time of the Final Approval Hearing may change without further notice. Please check the Settlement Website for updates.