Katherine Molthan (“Plaintiff” or “Class Representative”) filed a lawsuit against McCain Foods USA, Inc. (“Defendant”) on behalf of herself and a class of similarly situated applicants for employment. The lawsuit, Molthan v. McCain Foods USA, Inc., No. 24-2-23955-3 SEA (the “Lawsuit”) is currently pending in King County Superior Court.
Plaintiff claimed in the Lawsuit that Defendant’s job postings for open positions in Washington did not disclose wage scales or salary ranges in violation of RCW 49.58.110. The Court has not made any determinations regarding the merits of Plaintiff’s claims nor has it decided whether Defendant has violated the law. Defendant disputes liability under RCW 49.58.110.
The parties to the Lawsuit have reached a proposed Class Action Settlement which includes a total payment between $335,800 and $480,000 by Defendant (the “Common Fund”), depending on the number of claims submitted. On March 24, 2025 the Court issued an order preliminarily approving the settlement and authorizing the settlement administrator, Simpluris, Inc. (“Settlement Administrator”), to issue the Notice.
Class Members are receiving the Notice because Defendant’s records indicate they are eligible to participate in the settlement as a member of the Settlement Class. “Settlement Class Members” include “Plaintiff and all individuals who, from January 1, 2023, through the date of preliminary approval, applied for a job opening in the State of Washington with McCain Foods USA, Inc., where the job posting did not disclose the wage scale or salary range.”
The Court still has to decide whether to approve this settlement. No settlement benefits or payments will be provided unless the Court approves the settlement and it becomes final.
Read the Notice carefully. Your legal rights are affected regardless of whether you act or not. For complete details, please see the Settlement Agreement, the terms of which control, here.
Your Legal Rights and Options in this Settlement | |
Submit a Claim Form | This is the only way you are eligible to receive a payment from this settlement. The deadline to submit a Claim Form is June 14, 2025. You may submit your claim here by using your Unique ID and PIN. You may also send your Claim Form to the Settlement Administrator by mail or email. |
Exclude Yourself from the Settlement | If you request to be excluded, you will no longer be in the Settlement Class and will not receive a settlement payment. This is the only option that allows you to keep any right to sue Defendant about the legal claims in this Lawsuit. The deadline to request exclusion is June 14, 2025. |
Object To The Settlement | Write to the Court explaining why you do not agree with the settlement. You must not exclude yourself from the settlement if you wish to object. The deadline to object is June 14, 2025. |
Attend The Final Approval Hearing | You may ask the Court for permission for you and/or your attorney to speak about your objection at the Final Approval Hearing. The Final Approval Hearing will be held on August 22, 2025 at 9:00 a.m. PDT |
Do Nothing | If you do nothing, you will remain in the Settlement Class, but you will not receive an individual payment, and you will give up any right to sue Defendant, and certain parties related to Defendant, about the claims asserted in this Lawsuit. |
Upcoming Important Dates
Claim Deadline
6/14/2025
Opt Out Deadline
6/14/2025
Objection Deadline
6/14/2025
Final Approval Hearing
8/22/2025 9:00 a.m.