Notice of Linde Gas Class Action Settlement

Brian Bruton, et al. v. Linde Gas & Equipment, Inc., et al. 

Pierce County Superior Court for the State of Washington

Brian Bruton, et al. v. Linde Gas & Equipment, Inc., et al.
Case No. 24-2-08098-3

You may be entitled to benefits under a class action settlement if you are or were employed by Linde Gas & Equipment Inc. as a driver, retail sales staff member, or sales support staff member in the state of Washington and have worked at or been dispatched from its location at 486 E 19th Street, Tacoma, Washington, from May 20, 2021, through December 31, 2024.

***This is a court-ordered notice. This is not a solicitation from a lawyer.***

• This notice explains your options regarding a recent court settlement. Your legal rights are affected whether you act or don’t act. Please read this notice carefully.
• Brian Bruton, Christopher Horne, and Travis Thorpe (referred to as “Plaintiffs” or “Settlement Class Representatives”) have sued Linde Gas & Equipment Inc. and Earnest Cornwell (“Defendants”) based on alleged violations of state law.
• Linde Gas denies the allegations and maintains that it paid all employees correctly.
• Plaintiffs brought the case on behalf of all individuals who are or have been employed as drivers, retail sales staff, or sales support staff by Linde Gas in the state of Washington and who have worked at or been dispatched from its location at 486 E 19th Street, Tacoma, Washington, from May 20, 2021, through December 31, 2024. Those people are referred to as “the Settlement Class” or “Settlement Class Members.”
• The Court presiding over this case has issued a preliminary order approving a settlement that covers the Plaintiffs and Settlement Class Members in this case. The Court will decide whether the proposed settlement should be approved.
• To avoid the burden and cost of litigation, Linde Gas has agreed to pay a total of $437,000 to settle this action through two separate payments:
  • $247,000 to Settlement Class Members to pay settlement awards, service awards to the Settlement Class Representatives, and administration costs; and
  • $190,000 to Settlement Class Counsel to pay for attorneys’ fees and litigation expenses.
• The Court, Defendants, Settlement Administrator, and Settlement Class Counsel cannot provide tax advice regarding your estimated amount. You should consult with a tax professional regarding the tax consequences of any amount received.

Your legal rights are affected, and you have a choice to make in this action now.

Basic Information

1. Why did I get this notice?

Linde Gas’s records show that it employed you as a as a driver, retail sales staff member, or sales support staff member in the state of Washington and that you worked at or were dispatched from its location at 486 E 19th Street, Tacoma, Washington, from May 20, 2021, through December 31, 2024, which may make you eligible to receive benefits under the settlement.

2. What is this lawsuit about?

In their First Amended Complaint, Plaintiffs claim Defendants violated certain wage and hour laws under Washington’s Industrial Welfare Act, Minimum Wage Act, and Wage Rebate Act. Specifically, Plaintiffs allege Defendants: (1) have failed to provide Settlement Class Members with the rest and meal breaks to which they are entitled; (2) have failed to pay Settlement Class Members for all hours worked; (3) have failed to pay Settlement Class Members overtime wages for all hours worked over forty in a workweek; and (4) have required delivery drivers to have and use their personal cell phones for work-related communications and to plan and navigate their delivery routes without reimbursing them a reasonable amount for the costs associated with those cell phones.

3. Why is there a settlement?

The Court did not decide in any party’s favor. Instead, the Settlement Class Representatives and Linde Gas agreed to a settlement. This allows the parties to avoid the cost and risk of a trial, and the people affected will be entitled to compensation. The Settlement Class Representatives and their attorneys think the settlement is best for all Settlement Class Members under the circumstances. Linde Gas has not admitted fault or that it violated any laws but has agreed to the settlement to resolve the dispute.

4. What claims are resolved by the settlement?

The settlement will resolve all claims that have been or could have been brought against Linde Gas based on the facts asserted in all Complaints filed in this Action, including federal, state, and municipal claims. The Release of Claims specifically include, but are not limited to, any claims arising out of or relating to any alleged unpaid hours worked or any alleged missed, interrupted, shortened, untimely, unpaid, and/or non-compliant rest breaks and meal periods, unpaid reimbursement, and any attendant claims for unpaid wages, overtime payments, premium payments, interest, liquidated, double damages, or treble damages, exemplary damages, and attorneys’ fees and costs relating to any of the foregoing. The scope of the release shall be from May 20, 2021, through the date of preliminary approval.

Click here for a full copy of the Settlement Agreement and Release of Claims.

5. What are the basic terms of the settlement?

Subject to Court approval, the essential terms of the settlement are as follows:

Settlement Payments: The settlement requires Linde Gas to pay a total of $437,000 in two separate payments:

• $247,000 to establish the “Gross Settlement Class Fund”, a portion of which will be distributed to Participating Settlement Class Members as compensation for releasing the claims resolved by the settlement as described above; and

• $190,000 to Settlement Class Counsel to pay for attorneys’ fees and litigation expenses.

Settlement Administrator: The settlement requires Simpluris to serve as the Settlement Administrator in accordance with the Settlement Agreement. Plaintiffs will ask the Court to approve the payment of fees, costs, and other charges imposed by the Settlement Administrator, which will be paid from the Gross Settlement Class Fund.

Settlement Class Representative Service Awards: Class Counsel will ask the Court to approve Service Awards of up to $5,000 to each Settlement Class Representative to compensate them for their time and effort in pursuing this case on behalf of the Class. The Settlement Class Representative Service Awards will be paid from the Gross Settlement Class Fund.

Payments to Participating Settlement Class Members: The Settlement Administrator, Simpluris, will make payments directly to Participating Settlement Class Members who do not timely opt out of the Settlement Class. If you have recently moved, plan to move within the next 6 months, or move before you have received your settlement payment, please contact Settlement Class Counsel to provide an updated address. See Section 12 for contact information.

Tax Treatment of Payments to Participating Settlement Class Members: Payments made to each Participating Settlement Class Member will be treated as 50% wages and 50% non-wages.

• For the 50% wage portion of each settlement award payment, the Settlement Administrator will withhold the appropriate payroll taxes and other tax withholding and will disburse those funds directly to the IRS or appropriate state agency. The Settlement Administrator will report the wage portion as taxable income on an IRS Form W-2.

• For the 50% non-wage portion, the Settlement Administrator will not withhold any taxes, but this portion will still be considered taxable income. The Settlement Administrator will report the non-wage portion as taxable income on an IRS Form 1099.

Please consult with your accountant or tax advisor regarding potential tax consequences of the settlement payment.

Attorneys’ Fees and Costs Award: Settlement Class Counsel have been working on this case for more than a year but have not received any fees or reimbursements for the costs of the lawsuit. Plaintiffs will ask the Court to approve a separate payment to Settlement Class Counsel of up to $190,000 to compensate them for their reasonable attorneys’ fees and reimburse them for out-of-pocket litigation expenses.

Release of Claims: See Section 4 above.

Dismissal of the Action: Upon final approval of the settlement, the Court will dismiss the lawsuit with prejudice but will retain jurisdiction to enforce the terms of the settlement.

6. How can I get a payment?

Each Participating Settlement Class Member who does not submit a valid and timely request for exclusion will automatically receive a settlement payment in an amount based on calculations provided by Settlement Class Counsel, which in turn are based on timekeeping and payroll records. Payment will be mailed to you at your address on record. If you move before you receive your settlement payment, please provide the Settlement Administrator with an updated address. Contact information is provided in Section 12 below.

Settlement Class Members who ask to be excluded from the settlement will not receive payment.

7. When will I get my payment?

The Court will hold a hearing on February 13, 2026 at 9:00am, to decide whether to approve the settlement. If the Court approves the settlement, the parties will then have to wait to see whether there is an appeal. This will take at least 31 days and, if there is an appeal, can take up to a year or more to resolve. In the event of an appeal, information regarding the appeal’s progress will be posted on this website. If there is no appeal, Settlement Class Counsel expect the first distribution of checks to go out approximately 66 days after the Court’s approval of the settlement. If any checks remain uncashed 180 days after the first mailing and the amount of the uncashed funds is enough to make a second distribution, the Settlement Administrator will mail a second round of checks to those Participating Settlement Class Members who cashed their first checks and whose share of the remaining funds exceeds $20. More information about how these payments will be calculated and distributed can be found in the Settlement Agreement, which is available in the Important Documents section on the left side of this page.

8. Do I have a lawyer in this case?

The Court has decided that lawyers from Terrell Marshall Law Group PLLC and Vanguard Law are qualified to represent you and all Settlement Class Members and has approved them to do so. These lawyers are called “Settlement Class Counsel.” You will not be separately charged for these lawyers; they will be compensated for their time and reimbursed for their costs in amounts approved by the Court. If you want your own lawyer, you may hire one at your own expense. If you hire your own lawyer, you may enter an appearance through that lawyer.

9. What can I do if I don't like the settlement?

If you don’t like the settlement, you have two options: you can choose to exclude yourself or you can choose to object.

How to Exclude Yourself:

If you exclude yourself, you will not be paid under the Settlement Agreement. If you exclude yourself, you may not object to the settlement.

To ask to be excluded, you must mail a written letter to the Settlement Administrator at the address provided in Section 12 below. The letter must include your name, current address, and telephone number, as well as a statement clearly asking to be excluded (for example: “I want to be excluded from the settlement in Brian Bruton v. Linde Gas & Equipment Inc.”). The letter must be signed by you and postmarked no later than December 20, 2025.

How to Object to the Settlement:

If you wish to object, you must submit a written letter by mail to the Settlement Administrator at the address provided in Section 12 below. The letter must include (1) your name, address, and telephone number; (2) the name of the case, Brian Bruton, et al. v. Linde Gas & Equipment Inc., et al., Case No. 24-2-08098-3; (3) the reasons why you think the Court should not approve the settlement; (4) any supporting documentation you wish the Court to consider; (5) a request to appear at the Final Approval Hearing if you or your attorney wish to appear; and (6) your signature. The letter must be postmarked no later than December 20, 2025.

If the settlement is approved, you will still receive a payment under the settlement.

The Settlement Administrator is Simpluris. Contact information is provided in Section 12 below.

10. When and where will the Court decide whether to approve the settlement? 

The Court will hold a Final Approval Hearing at 9:00a.m. on February 13, 2026 in the courtroom of:

The Honorable Diana L. Kiesel
Pierce County Superior Court
Department 7
County-City Building
930 Tacoma Ave S
Tacoma, WA 98402

At this hearing, the Court will consider whether the settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. You and/or your personal attorney may attend the hearing if you wish, but it is not required. If you or your attorney wish to be heard by the Court at the hearing, you must request in writing to do so. See “How to Object to the Settlement” in Section 9 of this notice for more information.

11. How do I get more information?

More details and a full copy of the Settlement Agreement are available in the Important Documents section on the left side of this page. You will also find certain filings made in the lawsuit, including Plaintiffs’ motion for final approval of the Settlement Agreement, which will be posted no later than December 5, 2025. This motion will include Plaintiffs’ request for approval of settlement administration expenses, service awards for the Settlement Class Representatives, and attorneys’ fees and costs. You may also get more information by contacting Settlement Class Counsel.

The lawyers representing the Settlement Class are:

12. What is the contact information for the Settlement Administrator?

Simpluris, Inc.
P.O. Box 26170, Santa Ana, CA 92799
Telephone: (888) 369-3780