Ohring v. UniSea Inc
2:21-cv-00359
W.D. Wash.Oct 31, 2024Background
- Plaintiff Amichai Ohring brought a collective and class action against UniSea, Inc. on behalf of seafood processors for alleged wage and hour violations.
- Two claims were asserted: (1) Fair Labor Standards Act (FLSA) collective action and (2) Alaska Wage and Hour Act (AWHA) class action under Rule 23(b)(3).
- The court conditionally certified an FLSA collective and certified, for settlement purposes, an AWHA class.
- The parties reached a revised settlement after the court initially rejected a prior proposal for failing due to procedural deficiencies (notice issues, improper allocations, etc.).
- Notices were sent to over 94% of eligible claimants after correction; a $600,000 common fund was agreed upon for class members, with specific allocations for FLSA and AWHA claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Approval of class/collective certification for settlement | Seafood processors similarly situated for purposes of FLSA and AWHA claims; procedural requirements met | No significant challenge noted to certification for settlement purposes | Certified for settlement purposes |
| Adequacy and fairness of notice to class | Revised notice plan provides best practicable notice under due process | No objections to revised notice plan | Notice was adequate and satisfied due process |
| Fairness and approval of settlement agreement | Settlement fund is fair, reasonable, and provides appropriate relief | No objections to substantive terms of settlement | Settlement approved as fair, reasonable, and adequate |
| Attorney’s fees, costs, and service awards | Fees, costs, and service award are reasonable given effort and outcomes | No objections to the requested fees, costs, or awards | Requested fees and awards granted |
Key Cases Cited
- Campbell v. City of Los Angeles, 903 F.3d 1090 (9th Cir. 2018) (standards for similarity in FLSA collective actions)
- Smothers v. NorthStar Alarm Servs., LLC, 379 F. Supp. 3d 805 (E.D. Cal. 2019) (analyzing similarity among FLSA plaintiffs for certification purposes)
