Clayborne, et al, v. Chevron U.S.A., INC., et al.
Clayborne v. Chevron USA Settlement
4:19-cv-07624-JSW-KAW

Welcome to the Clayborne v. Chevron USA Settlement

On February 22, 2023, the Court in this action granted preliminary approval of a proposed settlement as set forth in the Settlement Agreement (available here) concerning the lawsuit noted above (the “Lawsuit”). If you receivd a notice, it is because your employer’s records show that you are one of the people eligible to participate in the Settlement process.

What is this lawsuit about?

The people who brought the Lawsuit are known as “the Plaintiffs.” Plaintiffs brought this Lawsuit against Chevron U.S.A., Inc. and three of its contractors: Newtron LLC, Performance Mechanical, Inc. and Specialty Welding and Turnaround Services LLC. Plaintiffs allege that Chevron jointly employed its contractors’ employees and that its contractors failed to pay workers at Chevron’s California refineries for all hours worked, specifically for time spent on mandatory pre-shift transportation to their work sites and time spent putting on Nomex and other special protective clothing and gear before the start of each shift. For unpaid wages and other wage and hour violations, the Lawsuit covers the period from September 20, 2015 through February 22, 2023. For penalties under the Private Attorneys General Act (“PAGA”), the Lawsuit covers the period from July 17, 2018 through February 22, 2023.

What is the Settlement, and Who is Included?

The Plaintiffs, Chevron and Newtron (collectively, “the Parties”) have agreed to settle the Lawsuit for a payment of $1,925,000.

The Settlement provides benefits to the Class Members and the PAGA Members. The Class Members (also referred to as the “Participating Class Members” and in the Settlement Agreement) are hourly workers provided by contractors at Chevron’s California refineries from September 20, 2015 through February 22, 2023. PAGA Members are workers provided by contractors at Chevron’s California refineries from July 17, 2018 through February 22, 2023.

Together, these individuals are referred to as the “Settlement Group.”

What Benefits are Available?

Each Settlement Group member will receive some money, depending on (a) the number of weeks worked at Chevron’s Richmond and/or El Segundo refineries from September 20, 2015 through February 22, 2023, (b) the number of weeks worked at Chevron’s Richmond and/or El Segundo refineries from July 17, 2018 through February 22, 2023, (c) the number of weeks worked for Newtron at Chevron’s Richmond and/or El Segundo refineries from September 20, 2015 through February 22, 2023 for settlement of class action, and from July 17, 2018 through February 22, 2023 for settlement of the PAGA action, and (d) whether the Class Member opts out of the Settlement.

SUMMARY OF YOUR LEGAL RIGHTS AND OPTIONS

 
ACTION
 
 
EXPLANATION
 
Obtain a payment under the Settlement To receive a payment under the Settlement, if you are a class member on the class list, you do not need to take any action. You will be a member of the class and your rights will be represented by counsel for Plaintiffs. You will be bound by the result in the Lawsuit. You will not be allowed to bring your own case for the claims alleged in this Lawsuit as described above and you will give up your right to be part of any other case against Chevron or Newtron about the claims being resolved by this Settlement.
Exclude yourself from the Settlement ("Opt Out")
May 22, 2023 (Postmarked or Filed with Court)
Get no payment. Keep any rights to bring or join a case against Chevron or Newtron about the claims being resolved by this Settlement, except that you will still not be able to bring or participate in a PAGA action against Chevron or Newtron for the claims resolved by this Settlement. You will lose the ability to recover any monetary payment under the Settlement, except that you will still receive a share of the PAGA penalties under the Settlement. See FAQ 14 for more information.
Object to the Settlement
May 22, 2023 (Postmarked or Filed with Court)
Write to the Court about why you do not like the Settlement, to help the Court decide whether to approve the Settlement. The Court cannot order that you receive more money from the Settlement even if it agrees with you. See FAQ 17 for more information.

Seek inclusion into the Class List as an Omitted Individual
May 22, 2023 (Received by the Settlement Administrator)

If you have verified with the Settlement Administrator that you are not on the class list, but believe that you fit the class definition and should be included, you may mail the Settlement Administrator a letter stating as such. See FAQ 6 for more information.
Request to Participate in the Final Approval Hearing
May 22, 2023 (Postmarked or Filed with Court)
You may ask to speak in a Court hearing about the fairness of the settlement. See FAQ 21 for more information.
DO NOTHING If you do nothing and are a class member on the class list, you will get a payment under the Settlement, and you will release your claims that are covered by the Settlement and give up your right to assert those claims.

 

For More Information

Visit this website often to get the most up-to-date information.

Mail
Clayborne v Chevron USA
c/o JND Legal Administration
PO Box 91461
Seattle, WA 98111