Frequently Asked Questions

1. What is this case about?

This lawsuit alleges that individuals who performed courier or delivery work for Sidwell between December 14, 2018 and the present in Washington and between January 26, 2020 and the present in Utah, Arizona, Oregon, Idaho, New Mexico, or Texas were not paid overtime compensation to which they were entitled under the law when they worked over 40 hours in a workweek. Sidwell denies these allegations but has agreed to settle the lawsuit to avoid the burden, expense, and inconvenience of continued litigation.

On August 5, 2024, the Court approved the Settlement as fair and reasonable and authorized that Notice be sent to Settlement Collective Members so that they could participate.

2. What is the amount of the settlement?

Sidwell has agreed to pay One Million Dollars ($1,000,000.00) to settle this lawsuit (the “Maximum Settlement Amount”). Deductions from this amount will be made for attorneys’ fees of one-third of the Gross Settlement Amount ($333,333.33) and costs up to $30,000, settlement administration costs up to $17,250.00, and service awards of $5,000.00 for each of the three Named Plaintiffs. After these deductions, the remaining estimated amount of $604,416.67 (the “Net Settlement Amount”) is available to pay Settlement Awards to the Plaintiffs and all Settlement Collective Members who sign and return the enclosed Opt-in Consent Form (“Participating Collective Members”).

YOU MUST SUBMIT AN OPT-IN CONSENT FORM TO THE SETTLEMENT ADMINISTRATOR TO RECEIVE YOUR SETTLEMENT AWARD.

3. How will the Net Settlement Amount be distributed and how much will I receive?

The Settlement Administrator has applied the following objective formula that takes into account the tenure and payroll records of each Settlement Collective Member during the Relevant Time Period:

Individual Settlement Award = $300 + Pro Rata Portion
Pro Rata Portion = (Individual Settlement Shares * Per Share Dollar Figure)
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Each Participating Collective Member will receive $300. In addition to $300, each Participating Collective Member will receive a pro rata portion.

The Pro Rata Portion is determined by multiplying your number of Individual Settlement Shares by the Per Share Dollar Figure.

Your number of Individual Settlement Shares is calculated by multiplying the number of weeks worked in the Relevant Time Period in Washington, Oregon, New Mexico, or Arizona by 1.5 or in Utah, Texas, or Idaho by 1.

The Per Share Dollar Figure is calculated by dividing the total number of Individual Settlement Shares across all Participating Collective Members into the Net Settlement Fund.

One-half of each Individual Settlement Award will be reported on an IRS Form W-2. The remaining one-half of each Individual Settlement Award shall not be subject to payroll withholdings, and shall be reported on an IRS Form 1099. If you receive a Settlement Award, you will have 180 days to cash or deposit your Settlement Award check. If at the conclusion of the 180-day check-cashing period you have not cashed or deposited your check, the funds shall be sent to the Legal Foundation of Washington.

It is your responsibility to keep your current mailing address on file with the Settlement Administrator to ensure receipt of your Settlement Award. If you fail to keep your address current, you may not receive your Settlement Award.

4. What claims am I releasing?

Participating Collective Members who complete the Opt-In Consent Form shall release all claims, demands, rights, liabilities, and causes of action that were or could have been asserted for all federal and state wage-and-hour violations against Sidwell and DHL, including, but not limited to, the FLSA, as amended, 29 U.S.C. §§ 201 et seq., and, for individuals that worked in Washington, Oregon, New Mexico, and Arizona, any similar claims under state or federal law for the time period of January 1, 2020 to February 27, 2024.

Please note that if you do not complete the Opt-In Consent Form, you will release no claims.

5. How do I submit my Opt-In Consent Form?

You may submit the Opt-in Consent Form on this website by clicking “Submit Opt-In Consent Form” above and entering the Unique ID and PIN provided in the Notice you received by mail or email. If you misplaced your Notice, you may call the Settlement Administrator to obtain your Unique ID and PIN.

You may also return the Opt-In Consent Form to the Settlement Administrator by mail, email, or fax at:

Mail: Roberts, et al. v. Sidwell Air Freight Inc., et al.
c/o Settlement Administrator
P.O. Box 26170
Santa Ana, CA 92799

Fax: (888) 428-6696

Email: info@CourierDriverCollectiveAction.com

6. What if I already submitted an Opt-In Consent Form?

If you already submitted an Opt-In Consent Form prior to this settlement, you do not have to resubmit. You are already part of the settlement and will receive a settlement award.

7. Can Defendants retaliate against me for participating in this lawsuit?

No. Sidwell and DHL will not take any adverse action against any Settlement Collective Member on the grounds that he/she is eligible to participate or does participate in the Settlement and submits an Opt-In Consent Form, and shall not discourage any person from submitting an Opt-in Consent Form.

8. Who are the attorneys representing Plaintiffs and the Settlement Collective Members?

Plaintiffs and the Settlement Collective Members are represented by the following law firms:

9. Am I responsible for attorneys’ fees?

No. Plaintiffs’ Counsel will be paid from the Maximum Settlement Amount as set forth above. You do not have to pay the attorneys any additional funds. The Settlement Agreement provides that Plaintiffs’ Counsel will receive one-third of the Gross Settlement Amount ($333,333.33) for attorneys’ fees and up to $30,000 for costs.

10. Where can I get more information?

If you have questions about this Settlement, please contact the Settlement Administrator.

For more detailed information, you may review the Settlement Agreement which contains the complete terms of the Settlement, which is publicly accessible and on file with the court. You may also request a copy from the Settlement Administrator.

PLEASE DO NOT CONTACT THE COURT.