3M and attorneys representing plaintiffs are nearing a more than $5 billion settlement to resolve hundreds of thousands of complaints by military veterans that the company’s earplugs did not protect them from hearing loss.

Under the deal, 3M would pay about $5.5 billion, but negotiations are continuing and the final dollar amount has not been established, according to people familiar with discussions. The board of 3M has yet to vote on a proposed settlement to resolve the case.

The earplug litigation represents the largest mass tort in U.S. history. There have been more than 300,000 claims in which veterans accuse 3M and Aearo Technologies, a company acquired by 3M in 2008, of producing faulty earplugs that failed to protect their hearing from noise damage when they received them from the U.S. military. 

3M is challenging the cases and has argued that the earplugs work when used with proper training.

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The proposed settlement amount is significantly less than the $10 billion to $15 billion that some analysts have predicted the case would cost the company.

The two sides nearing a deal comes after a tentative settlement in June for litigation over so-called forever chemicals in municipal drinking water. The agreement, which still requires court approval, in that case between 3M and municipal water providers could cost 3M as much as $12.5 billion over five years.

The earplugs, developed by Aearo Technologies, were created to protect a person from hearing explosions and other loud noises while allowing them to hear voices or softer noises.

3M agreed to pay $9.1 million in 2018 to the U.S. government to resolve allegations that its earplugs were defective because they could imperceptibly become loose in a person’s ear. The company argued that the earplugs were effective if worn correctly.

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Last summer, Aearo Technologies filed for bankruptcy as a separate company, accepting responsibility for all the liability claims. The move was intended to give Aearo leverage in bankruptcy court to reach a settlement with the plaintiffs. 3M said it would pay for any settlement Aearo reached.

U.S. Bankruptcy Court Judge Jeffrey Graham in Indianapolis dismissed Aearo’s bankruptcy filing in June. The judge said Aearo did not qualify for bankruptcy protections as a distressed company since it had 3M’s promise to pay for a settlement. Aearo plans to appeal the ruling.

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3M Chief Executive Mike Roman said during the second-quarter earnings call last month that the company was progressing on its legal issues. The company still faces lawsuits from state attorneys general and personal-injury claims over forever chemicals. 

3M said last year it would stop the manufacture and use of the chemicals by the end of 2025.

The Wall Street Journal contributed to this report.

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Earlier this year, the viral sensation of “quiet quitting” had plenty of people talking — it’s a situation in which employees do the bare minimum at work due to burnout and disengagement. 

Now, there’s another viral career trend that appears to be affecting the American workplace. 

It’s called “loud laborers.” 

This coined concept is when employees spend more time talking about their work than actually doing it. 

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Similar to the “quiet quitter,” the so-called “loud laborer” is a classic office stereotype that’s being reframed today in light of the hybrid workplace, said Joe Galvin, chief research officer with Vistage, who is based in Stamford, Connecticut. 

“In reality, ‘loud laborers’ are nothing new,” he told FOX Business. “Showboating for the boss’ attention is a fairly typical office behavior.”

Now, though, he said, “these employees are evolving and adapting traditional tactics and techniques to the digital, work-from-home, flexible workplace.”

Here’s a deeper dive into the phenomenon.

“Loud laborers” can be detrimental to the workplace and a company as a whole in terms of lost productivity and negatively impacting employee morale, Galvin said. 

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“Engagement issues can spread like wildfire, as under-engaged or underperforming employees often put an unfair brunt of the workload on their colleagues, creating a continuum of burnout across the organization,” Galvin told FOX Business. 

It’s important for workers to be on the alert, said Michelle Reisdorf, district president for Robert Half, who is based in Chicago, Illinois.

“If you are hearing a teammate voice concerns about their workload, it’s important to flag that for a manager,” she said. 

And, if work is suffering, you’ll want management to know so that they can address the issue head-on and not let the problem linger, Reisdorf also said. 

Managers need to pay close attention, she advised. 

“If you have a ‘loud laborer,’ it might be easier to find out about the issue since they are being vocal about it as opposed to keeping it bottled up,” said Reisdorf. 

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She added, “The best advice when it comes to these trends is to keep communication open and set up one-on-one time with your teams.”

If you are in constant communication, you might be able to catch a “loud laborer” before the situation escalates, she said.

HR managers need to take notice, especially with a number of new trends emerging in the workforce, said Reisdorf.

“It’s always good to have your finger on the pulse of the workforce, especially if the teams are operating in a hybrid or remote situation,” she added. 

Likewise, Galvin with Vistage said the onus is on both business and HR leaders to curb “loud laborers” by increasing employee engagement and improving internal communication and trust. 

“To do this, leaders must first set appropriate standards and expectations for each role, and hold workers accountable for timely and high-quality deliverabes,” he said.

HERE’S THE SECRET WEAPON FOR BETTER JOB PERFORMANCE BY EMPLOYEES AT WORK 

To that point, there should be measurable ways to show who is doing the work, and who is not. 

“By keeping a pulse on individual output, and proactively sharing kudos throughout the organization for those who have quantifiable results, leaders can quiet the noise and put a spotlight on those who are actually contributing in a meaningful way,” Galvin continued.

WHY ‘LOUD QUITTING’ IS NOT RECOMMENDED BY JOB EXPERTS (HINT: GRACE AND DIGNITY ARE FAR BETTER)

He also said HR and managers should identify and address any problems with the current employee experience — from poor technology to outdated equipment to under-performers and beyond — and determine ways to improve overall company culture. 

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“Culture has become even more important, and even more challenging, amid the rise of hybrid work,” Galvin said. 

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But a strong culture “can unify employees and prevent ‘loud laborers’ from souring the workplace,” Galvin also told FOX Business.

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