By Mike Scarcella
Meat industry giants Cargill, National Beef Packing and Hormel Foods have agreed to pay a combined $57.4 million to exit a proposed class action accusing them of suppressing workers’ pay at processing plants.
Lawyers for the workers asked a U.S. judge in Colorado to preliminarily approve the three deals, which would push total settlements to more than $200 million since the lawsuit was filed in 2022.
The settlements cover claims from tens of thousands of red meat processing workers at 140 plants alleging a years-long conspiracy among leading processors to keep wages low.
The workers claim the processors and two consulting companies violated antitrust law by sharing confidential compensation data though industry surveys and other means.
Cargill said it will pay $29.75 million, National Beef Packing agreed to pay $14.2 million and Hormel Foods will pay $13.5 million, according to the new settlements.
Cargill in a statement said it was settling "only to avoid larger litigation costs and distractions." The company said it sets compensation "independently to ensure fair pay and competitive wages in each of our plants."
In a statement, Hormel said it was settling only "to avoid the uncertainty, risk, expense and distraction of continued litigation."
National Beef did not immediately respond to a request for comment. Cargill, Hormel and the other settling defendants have denied any wrongdoing.
The plaintiffs’ lawyers declined to comment.
U.S. District Judge Phillip Brimmer declined to dismiss the lawsuit last year.
In earlier settlements, Arkansas-based Tyson Foods said it will pay $72.25 million, and Brazil’s JBS, which is the world’s largest beef producer, agreed to pay $55 million. Those two deals, the largest so far, are pending court approval.
The settling defendants said they will cooperate with the plaintiffs — producing documents and providing witnesses for questioning — as they pursue related claims against Smithfield and several other companies that have not reached an accord.
Smithfield declined to comment on Monday.
Attorneys for the workers told the court that they “will be provided with substantial guaranteed relief, and the resulting litigation will benefit by proceeding in a more targeted manner against fewer, remaining defendants.”
They said they could seek a legal-fee award from the settlement fund, but did not specify a range or amount.
The attorneys leading the lawsuit separately have reached more than $200 million in settlements in Maryland federal court resolving similar claims from poultry workers that their wages were artificially suppressed.
The case is Ron Brown et al v JBS USA Food Company et al, U.S. District Court for the District of Colorado, No. 1:22-cv-02946-PAB-STV.
For plaintiffs: Shana Scarlett of Hagens Berman Sobol Shapiro; Brent Johnson of Cohen Milstein Sellers & Toll; and George Farah of Handley Farah & Anderson
For National Beef: Michael Tubach of O’Melveny & Myers
For Cargill: Jennifer Milici of Wilmer Cutler Pickering Hale and Dorr
For Hormel: Jacob Bylund of Faegre Drinker Biddle & Reath