Shavon Green, on behalf of herself and others similarly situated v. Post Consumer Brands, LLC and The J.M. Smucker Company

District Court, E.D. Pennsylvania·Decided March 31, 2026·No. 2:24-cv-06527·Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

SHAVON GREEN, on behalf of herself : and others similarly situated, : CIVIL ACTION : Plaintiff, : : v. : : NO. 24-6527 POST CONSUMER BRANDS, LLC and : THE J.M. SMUCKER COMPANY, : : Defendants. : Perez, J. March 31, 2026 MEMORANDUM Plaintiff Shavon Green (“Plaintiff”), on behalf of herself and others similarly situated, brought this class action lawsuit against Defendants Post Consumer Brands (“Post”), LLC and The J.M. Smucker Company (“Smucker”) to recover unpaid overtime wages owed under the Pennsylvania Minimum Wage Act (“PMWA”), 43 P.S. §§ 333.101, et seq. Compl., ECF No. 1-3. Following some discovery and a settlement conference before a mediator, the parties reached a settlement agreement. Because this is a class action, the Court must certify the class and approve the settlement. See Fed. R. Civ. P. 23(e). Before the Court is Plaintiff’s unopposed Motion for Final Approval of the Class Action Settlement (“Motion”). ECF No. 29. For the reasons stated herein, the Court finds the settlement is “fair, reasonable, and adequate” under Federal Rule of Civil Procedure 23(e). The Court further finds class certification is appropriate under Rule 23(a) and (b)(3). Finally, the Court appoints Plaintiff’s counsel Winebrake & Santillo, LLC (“W&S”) as class counsel and grants the requests for attorney’s fees and Plaintiff’s service award are reasonable. Plaintiff’s motion is, therefore, granted. I. Background Between November 2021 and the spring of 2023, Smucker owned and operated a pet manufacturing facility in Bloomsburg, PA (the “Bloomsburg Facility”), after which Post owned and operated the Bloomsburg Facility. ECF No. 1-3 at 8 ¶ 6. Both Defendants employed individuals at the Bloomsburg Facility and paid them an hourly wage. Id. at 9 ¶ 8. Plaintiff was one such hourly employee. Id. at 9 ¶ 9.

Plaintiff contends that Post and Smucker required their hourly employees at the Bloomsburg Facility to engage in activities at the beginning and end of the workday for which they were not compensated (“Pre- and Post-Shift Activities”). Id. at 9–10 ¶¶ 11, 12. “These activities included, inter alia, waiting for and obtaining gloves, gathering and donning [and doffing] uniforms, sanitizing books/shoes (including waiting time), and walking to [and from] assigned work locations within the Bloomsburg Facility.” Id. According to Plaintiff, those activities were not included in employees’ credited time worked, so they received no overtime wages for the time spent performing those activities during weeks in which they worked over 40 hours. Id. at 10 ¶ 13.

Plaintiff contends that Post and Smuckers’ failure to pay employees overtime wages for the Pre- and Post-Shift Activities violates the PMWA, which entitles employees to compensation for “all hours worked” in a work week and to at least one and one-half times the regular pay rate for all hours worked over 40 hours in a week. Id. at 12 ¶¶ 26–28; 43 P.S. Labor § 333.104(a), (c). Defendants deny liability and argue the time spent on Pre- and Post-Shift Activities is not compensable and/or that one or both Defendants paid employees for this time. Post’s Ans., ECF No. 11; Smucker’s Ans., ECF No. 12. On November 1, 2024, Plaintiff brought this class action lawsuit in the Philadelphia County Court of Common Pleas, asserting a single count under the PMWA. ECF No. 1-3 at 7, 12. Plaintiff limits her claim to the time period between November 1, 2021, and September 9, 2025.1 Id. at 10 ¶ 14. Plaintiff’s proposed class includes hourly employees of Post and Smucker who worked at least one “Eligible Week” between November 1, 2021, and September 9, 2025. See Class Action Settlement Agreement (the “Settlement”), ECF No. 29-1 at 2, 4 (defining Post and Smucker Class

Members). This includes a total of 842 Class Members (672 Class Members employed by Smucker and 627 Class Members employed by Post). See Castro Decl. ¶ 14, ECF No. 29-3. There are approximately 26,179 Eligible Weeks2 pertaining to Smucker Class Members and approximately 31,559 Eligible Weeks pertaining to Post Class Members. See id. The parties engaged in some discovery before attending an early mediation. Br. Supp. Mot., ECF No. 30 at 3. Specifically, Defendants produced payroll and timekeeping data for the Class Members, policy documents concerning Defendants’ compensation policies, and collective bargaining agreements. Id. Plaintiff’s counsel also conducted a site visit, where they informally measured the walk times between the facility entrance area and the time clocks and observed the locker rooms and various departments. Id. at 4. Based on this information, Plaintiff’s counsel

conducted a detailed class-wide damages model. Id. Plaintiff’s counsel also engaged data analyst Liesl M. Fox, Ph.D., to conduct a damages analysis. Id. Post conducted a time study that measured the purported pre- and post-shift time. Id. After exchanging this information, the parties engaged in mediation with Michael Russel on September 9, 2025, where they reached a settlement agreement. Id. at 3; see also ECF No. 29-1.

1 The PMWA has a three-year statute of limitations for overtime violations. See Garcia v. Vertical Screen, Inc., 580 F. Supp. 3d 79, 91 n.7 (E.D. Pa. 2022). November 1, 2021, is three years before Plaintiff filed the Complaint. See Not. Removal, ECF No. 1. 2 An “Eligible Week” is defined as “each week during the Class Period in which a Class Member was credited with working forty (40) or more hours (exclusive of vacation, sick or other leave time) according to Defendants’ payroll data.” ECF No. 29-1 at 2. The Court preliminarily approved the settlement and notice process. ECF Nos. 26 & 28. Claims Administrator, the ILYM Group, Inc., mailed the Class Notice Packet to all 842 Class Members, with only 13 deemed undeliverable after the ILYM Group re-mailed 56 to updated addresses. See Castro Decl. ¶¶ 8–10, ECF No. 29-3. Plaintiff then submitted this unopposed

motion for final approval of the settlement, ECF No. 29, attaching the Settlement, ECF No. 29-1, and declarations from Plaintiff’s counsel, 29-2, and the claims administrator, ECF No. 39-3. The Court held a hearing to resolve any objections and to hear argument from counsel on March 12, 2026. ECF No. 31. No objectors appeared, and no Class Members have opted out of the settlement. See ECF No. 29-3 at 4. Under the Settlement, the parties agreed that Smucker will pay $295,000 plus any associated employer-side taxes. ECF No. 29-1 at 5. Those funds will be distributed as follows: $197,650 to the 672 Class Members employed by Smucker; and $97,350 to be paid to W&S for attorneys’ fees, costs, and settlement administration costs, including a service award of up to $6,000 to the named Plaintiff. Id. at 9. The parties further agreed that Post will pay up to $600,000

plus any associated employer-side taxes, to be distributed as follows: $402,000 to the 627 Class Members employed by Post; and $198,000 to W&S for attorneys’ fees, costs, and settlement administration costs, including a service award of up to $14,000 to the named Plaintiff. Id. at 5, 9– 10. The Settlement further provides that Class Members will share in the settlement proceeds proportional to the number of Eligible Weeks he/she worked for Smucker and/or Post. Id. at 3, 4 (defining “Post Payment Amount” and “Smucker Payment Amount”); see also ECF No. 29-3 at 4. Class Members will further release Post and Smucker from any claims or causes of action arising during the Class Period which were raised or which are reasonably related to the claims raised in the Action. Id. at 6.

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Shavon Green, on behalf of herself and others similarly situated v. Post Consumer Brands, LLC and The J.M. Smucker Company, (E.D. Pa. 2026).

Shavon Green, on behalf of herself and others similarly situated v. Post Consumer Brands, LLC and The J.M. Smucker Company (Shavon Green, on behalf of herself and others similarly situated v. Post Consumer Brands, LLC and The J.M. Smucker Company) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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