Exxon Refinery Rest Breaks California Settlement

Settlement Structure: Claims Made

Active: Open

Case Summary:

In 2016, the California Supreme Court interpreted one of the state’s Wage Orders to mean that workers taking rest breaks cannot be required to be on call. This settlement resolves a class action on exactly this point, against ExxonMobil Oil Corp., ExxonMobil Pipeline Company, PBF Energy Limited, and Torrance Refining Company, LLC. The complaint alleged that the companies improperly required refinery, distribution, and oil pipeline facility operators to keep radios on during rest breaks.

Docket Number:

2:18-cv-9224 MWF

Company: ExxonMobil Oil Corporation

Filing Deadline: January 1, 2100

Class Period: September 18, 2014 to March 16, 2020

Objection Deadline: July 24, 2020

Exclusion Deadline: July 24, 2020

Final Approval Hearing: August 17, 2020

Proof of Purchase:

You do not need proof, provided you agree with the information in the Notice you were sent. If you do not agree, you must send a Notice of Dispute to the Claims Administrator by July 9, 2020.

Eligibility:

You may be eligible if you are a current or former non-exempt hourly employee in an operator position while working for ExxonMobil Oil Corp., ExxonMobil Pipeline Company, PBF Energy Limited, and Torrance Refining Company, LLC or any of their affiliates and you work or worked at the Torrance refinery, distribution, and pipeline facilities in California, at any time between September 18, 2014 and March 16, 2020.

Typical Settlement Amount:

Payments will be based on the number of Qualifying Shifts worked between September 18, 2014 and March 16, 2020. A Qualifying Shift is a shift of at least twelve continuous hours that you worked as an operator, or where you were scheduled for work as an operator for at least twelve hours and worked at least 3.5 hours, and for which you were not previously given an extra hour of pay for a missed or interrupted rest break. For more information, see the Notice at http://exxoncaliforniarefineryrestbreaksettlement.com/docs/Exxon%20Class%20Notice.pdf.

Total Settlement Amount: $4,391,585

Class Representative Proposed Incentive Fee:

$7,500

Law Firms:
Gilbert & Sackman
Hadsell Stormer and Renick LLP

Case Name: Michelle Kendig et al., v. ExxonMobil Oil Corp.; ExxonMobil Pipeline Company; PBF Energy Limited; Torrance Refining Company, LLC

Settlement Website: Exxon Refinery Rest Breaks California Settlement Website

Claims Administrator:
CAC Services Group, LLC

Claims Administrator Contact Information:

CAC Services Group LLC
6420 Flying Cloud Dr Ste 101
Eden Prairie, MN 55344
Toll Free: (866) 602-2260

Tags: Employment Violations, Failure to Allow for/Figure in Break Time