The class action lawsuit alleged that BelGioioso Cheese violated federal and state wage laws by not compensating hourly production employees for pre- and post-shift "donning and doffing" activities at its Wisconsin and New York facilities. Austin Hermans, Jessica Michiels, and John Darkins filed the suit on behalf of current and former workers who claimed they worked unpaid overtime due to time spent putting on and removing required sanitary equipment before clocking in and after clocking out.
Judge Griesbach found that the settlement classes satisfied all requirements under Federal Rule of Civil Procedure 23, noting that the "settlement payments made available to the members of the Classes are commensurate with their alleged claims." The court approved attorney's fees of $583,333.33—representing one-third of the gross settlement amount—plus $10,940.54 in litigation expenses. Each representative plaintiff will receive a $10,000 service award, while opt-in plaintiffs who provided declarations will receive $500 each.
The parties reached the settlement agreement during mediation on November 5, 2025, before neutral mediator Jill Hamill Sopha. Judge Griesbach had granted preliminary approval of the settlement in November 2025, conditionally certifying FLSA collective and Rule 23 class actions covering workers at BelGioioso's Wisconsin and New York production facilities from various time periods between April 2019 and November 2025. BelGioioso has consistently denied all claims and maintains it complied with all wage and hour laws.
The settlement achieved a 97.92% inclusion rate, with only 26 out of 1,252 prospective class members opting out and no objections filed. The case, which began in April 2025, represents the latest in a series of "donning and doffing" lawsuits targeting food production companies for allegedly failing to compensate workers for time spent in required safety preparation activities.