Update on Collective Action Case against Airstream and Thor Industries
On January 25, 2019, Airstream, Inc. and Thor Industries, Inc. offered Sandra Funk, Mark Satterly, and the other current and former Airstream employees who joined the lawsuit (“Plaintiffs”) an offer of judgment. The offer of judgment from Airstream and Thor notes that the “Offer of Judgment [was] made for purposes of Fed. R. Civ. P. 68 only and shall not constitute or otherwise be construed as an admission of liability in any respect or be construed as an admission of any fact, finding, conclusion, issue of law, violation of law, or wrongdoing.” Plaintiffs formally accepted the offer of judgment on January 30, 2019 when the acceptance was delivered to Airstream and Thor’s counsel and Notice of Acceptance of Rule 68 Offer of Judgment was filed with the United States District Court – Southern District of Ohio – Western Division at Dayton. Airstream and Thor made the offer of judgment “in order to encourage settlement and avoid protracted litigation.”
The accepted offer settles the claims that Funk, Satterly, and the other current and former Airstream employees who joined the case had against Airstream related to the failure to pay associates at the proper overtime rate when they received additional remuneration, such as the Attendance and AIRPOOL bonus payments. The accepted offer also settles the Ohio claim related to the failure to pay these wages promptly.
The accepted offer of judgment provides each current and former Airstream employee who joined the case (and had a claim within the lookback period) with further compensation in addition to the payments that Airstream previously paid to the individuals (and other Airstream associates) after the lawsuit was filed. The total additional compensation provided to the individuals who were part of the case related to the failure to pay overtime at the proper rate of pay and failure to pay the overtime promptly is $21,338.00.
In addition to the offer of judgment on the claims of the group who joined the case related to receiving overtime at the proper rate, Ms. Funk also accepted Airstream’s offer of judgment related to her individual FMLA and COBRA claims. Ms. Funk will be receiving $117,053.00 to settle these claims.
Although we would have liked to continue litigating the lawsuit to a final decision on the merits, we are satisfied that every employee who worked within the applicable three-year lookback period and who decided to join the case will be receiving additional pay as a result of their decision to join the lawsuit. If there are any further questions about the lawsuit or the offer of judgment, please contact our office at 614-949-1181 or through our contact page.