This case is now resolved.
On October 24, 2017, the Honorable Thomas F. Burke, Jr. entered an order granting Approval of the Class Action Settlement between Plaintiffs and Defendants.
A Settlement has been entered to settle two lawsuits on behalf of all current and/or former hourly employees of one of the McDonald’s restaurants owned and operated by Albert/Carol Mueller T-A McDonald’s, Albert and Carol Mueller LTD Partnerships, Albert Mueller, and/or Carol Mueller who, between November 5, 2010 and July 2013, were required to and did receive payment of wages for their employment in whole or in part via a JPMorgan Chase Bank, N.A. “Payroll Card.”
October 24, 2017 at 10:00 am - Fairness Hearing
If you have an updated address, please contact the Claims Administrator, Angeion Group, at firstname.lastname@example.org or call 1-855-465-0349.
On September 1, 2017, the Honorable Thomas F. Burke, Jr. entered an order granting Preliminary Approval of the Class Action Settlement between Plaintiffs and Defendants. A copy of this Order is available on the http://www.muellersettlement.com/.
Pursuant to the Court’s order, Participation Forms must be postmarked or received by the Claims Administrator on or before October 16, 2017 (which is the same date as the Objection and Opt-Out Deadlines). The Participation Form and the Opt-Out Forms are available at http://www.muellersettlement.com/ .
On October 24, 2017, the Court will hold a hearing in Courtroom 3rd Floor at 10:00 am, at 200 North River Street, Wilkes-Barre, Luzerne County, Pennsylvania to consider whether to approve this Settlement. The hearing may be adjourned by the Court without further notice.
List of Relevant Documents:
• Master Settlement Agreement
• Court Order
• Participation Form and Opt-Out Form
• Mailed Legal Notice of Class Action Settlement
Judge Grants Preliminary Approval of Settlement
Judge Burke signed an order on September 1st granting preliminary approval of a settlement with the Chase and Mueller Defendants in the McDonalds debit pay card case.
On or before Spetember 15, 2017, notices will be mailed out to
current and/or former hourly employees of the Mueller Defendants' McDonald's restaurants between November 5, 2010 and July 2013 and who were required to and did receive payment of wages for their employment in whole or in part via a payroll card issued by JPMorgan Chase Bank, N.A.)
Class members will be required to submit a form before October 16, 2017 and a settlement hearing will be held on October 24th.
PA Supreme Court Denies Appeal by McDonalds lawyers
Pa. Justices Won't Hear Payroll Card Class Action Challenge
By Matt Fair
Law360, Philadelphia (May 24, 2017, 5:19 PM EDT) -- The Pennsylvania Supreme Court on Tuesday refused to hear an appeal of a decision in a wage class action agreeing that a McDonald's franchisee ran afoul of state wage laws by requiring employees to accept their pay on debit cards.
The justices agreed to leave standing a decision by the Superior Court finding that the plain language of the state’s Wage Payment and Collection Law limited employers to cash and checks as a means of disbursing earnings to workers, and that debit cards used by a McDonald’s franchisee were a clear violation.
The justices issued no opinion accompanying their one-page order denying the appeal, and an attorney for the franchisees declined to comment when reached Wednesday.
Carol and Albert Mueller, who operate more than a dozen McDonald’s franchises in Pennsylvania, were slapped with a class action in Luzerne County court in August 2013 on behalf of nearly 2,400 workers who claimed they were illegally paid via JPMorgan Chase payroll cards rather than by cash or check.
According to court records, the Muellers used the payroll cards over a three-year period from November 2010 to July 2013.
A Luzerne County judge agreed to allow the case to move forward in May 2015 after denying a summary judgment motion from the franchisees arguing that the cards passed muster under the WPCL because they could be readily converted to cash.
The trial court, however, noted that the law had been drafted in the early 1960s, long before debit cards could have been contemplated as a form of payment, and that the issue was one of first impression in the state.
The Superior Court, given the uniqueness of the issue, agreed to hear an interlocutory appeal in the case despite the fact that the case remains pending.
The appeals court, however, ultimately sided with the trial judge.
“The WPCL states that wages ‘shall be paid in lawful money of the United States or check,’” the Superior Court’s opinion said. “The language is clear. A debit card is not ‘lawful money’ and it is not a ‘check’ as contemplated by the drafters of the WPCL.”
While the Supreme Court refused to hear the dispute Wednesday, it is within the realm of possibility that the matter could end up before the justices as part of an appeal after a final decision in Luzerne County.
The workers are represented by Michael Cefalo of Cefalo & Associates, and David Senoff and Sol Weiss of Anapol Weiss.
The Muellers are represented by Rachel Satinsky, Matthew Hank and Paul Sopher of Littler Mendelson PC, and Daniel Brier and Nicholas Kravitz of Myers Brier & Kelly LLP.
The case is Alisha Siciliano et al. v. Albert/Carol Mueller etc., case number 823 MAL 2016, before the Pennsylvania Supreme Court.
McDonalds appeals Decision
The Superior Court Agrees with what we've been saying all along.
Employers Can't Mandate Use of Payroll Debit Cards
The full Superior Court ruling can be found here: Superior Court Ruling in McDonalds Payroll Case.pdf
This leaves us one step closer to getting the justice our clietns deserve.
Arguments were held in Superior Court on March 15, 2016.
Luzerne County Judge:
Payroll cards not legal tender in Pennsylvania
Read the story at this link: http://timesleader.com/news/news/153798035/
Plaintiffs advised not to cash refunds in McDonald’s case
By Bob Kalinowski
Published: May 23, 2015
I hate Corporate America, and I’ll bet you do, too.
Here’s one more reason why…
...employers forcing employees to receive earned wages through a debit card with fees.
If you are or were forced to receive your pay through a debit card with fees click on the link below to send us your information.
We can help you. Click here to contact us with your story!
- Settlement Notice
- Settlement Notice
- Supreme Court Refuses McDonalds Appeal
- Gunshannon v. Mueller (McDonalds)
Posted September 19th, 2017
Posted September 19th, 2017
Posted May 31st, 2017
May 23rd Order of the Pennsylvania Supreme Court Denies appeal of lower court decision by McDonalds lawyers
Posted June 20th, 2013
Copy of the suit filed in Luzerne County Court (2013-06-13)