George, et al v. Academy Mortgage Corp. (UT)
Civil Action No. 1:16-cv-0471-CAP

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

By Order entered August 25, 2016, Judge Pannell of the United States District Court for the Northern District of Georgia – Atlanta Division ordered that notice be distributed to all individuals who (1) worked for Academy Mortgage Corporation (UT) (“Academy”) as a non-exempt employee at one of Academy’s locations, and (2)  received one or more bonuses, commissions, and/or incentive payments (collectively, the “bonuses”) for work performed in one or more workweeks in which he/she worked more than 40 hours at any time between August 3, 2013 and the present (the “relevant period”).  The Order required Academy to compile the list of all individuals who meet that criteria, and provide that information to the Notice Administrator (RG/2 Claims Administration) for mailing of the Court-required notices to their last known mailing addresses from Academy’s records.

Thus, if you received a Notice then according to the Court’s Order and Academy’s payroll records, you are eligible to join and become a party to the Lawsuit because you worked for Academy as a non-exempt employee at one of Academy’s locations and you received one or more of the bonuses for work performed in one or more workweeks in which you worked more than 40 hours at any time between August 3, 2013 and the present (the “relevant period”).  You do not need to have any of your pay records or Academy documents to join.  You are eligible to join even if you previously signed a severance or release agreement with Academy. 

You may click HERE to complete, electronically sign and submit a Consent to Join form directly through this website.

NOTICE OF RIGHTS TO JOIN ACADEMY OVERTIME LAWSUIT

This is to notify you of your right to join and participate in a lawsuit alleging improperly calculated overtime against Academy Mortgage Corporation (UT) (“Academy”) under the Fair Labor Standards Act (“FLSA”) and to explain how you can join and participate in the litigation if you desire to do so.

Deborah George (the “Representative Plaintiff”) filed a lawsuit (the “Lawsuit”) seeking to recover allegedly unpaid overtime wages, liquidated damages, prejudgment interest, attorneys’ fees, and costs from Academy under federal law (the FLSA). The Representative Plaintiff alleges that the current and former non-exempt employees who work or worked for Academy in any location and who earned bonuses, commissions, and/or incentive payments (collectively, the “bonuses”) for work performed in workweeks in which they worked over forty hours at any time during the last three years (collectively, the “Similarly Situated Employees”) were not paid all of their overtime compensation required under the law, because Academy failed to factor the additional bonuses into the employee’s hourly rate when calculating overtime premiums for the workweeks in which the work performed to earn the bonuses was performed, allegedly resulting in underpayment for overtime.

Academy is the defendant in this action and denies the allegations in the Plaintiff’s Complaint. It is Academy’s position that its non-exempt employees who earned the bonuses during workweeks in which they worked over forty hours received all compensation owed, including all overtime compensation. Academy also claims that it has at all times acted in good faith that it did not violate the FLSA.

You are receiving this Notice because according to the Court’s Order and Academy’s payroll records, you are eligible to join and become a party to the Lawsuit because you worked for Academy as a non-exempt employee at one of Academy’s locations and you received one or more of the bonuses for work performed in one or more workweeks in which you worked more than 40 hours at any time between August 3, 2013 and the present (the “relevant period”).  You do not need to have any of your pay records or Academy documents to join.  You are eligible to join even if you previously signed a severance or release agreement with Academy. 

What Happens if I Join this Lawsuit?

If you join the Lawsuit, you will be bound by any judgment of the Court, whether it is favorable or unfavorable.  If the Representative Plaintiff is successful in recovering a money judgment or settlement from Academy, you will also be bound by any such judgment or settlement and will share in the amount recovered by the Representative Plaintiff.  If you join the Lawsuit, the Representative Plaintiff’s attorneys will represent you on a contingent fee basis. This means that if there is no recovery, you will not have to pay any attorney’s fees and you will not owe the Representative Plaintiff’s attorneys anything. If there is a settlement or money judgment entered in Plaintiffs’ favor, these attorneys will receive a part of that recovery as their attorney’s fee, and their fee will have to be approved by the Court.  No matter the outcome of the lawsuit, you will not have to pay the Representative Plaintiff’s attorneys anything out of your own pocket. 

How do I Participate in the Lawsuit?

If you want to join this lawsuit, you must read, sign and return the Consent Form within 90 days of the date of this notice, which means no later than February 7, 2017. You may do this in any of the following ways.

You may join the lawsuit online. To do this, click on the link provided above and follow the directions for filling out and electronically signing and submitting the Consent Form. A Consent Form can also be obtained by calling the retained Notice Administrator at 1-866-742-4955.

Or, you may mail the completed Consent form postmarked within 90 days from the date of this Notice, or fax the completed Consent Form, or scan and email it, or legibly photograph it and email the photo, to the Notice Administrator as follows:

Academy Mortgage Unpaid Overtime Lawsuit
c/o RG/2 Claims Administration LLC
P.O. Box 59479
Philadelphia, PA  19102-9479
Telephone: 866-742-4955
Facsimile: 215-979-1695
Email: academymortgage@rg2claims.com

Again, your signed Consent form must be time-stamped (for emails and facsimiles to the Notice Administrator), postmarked (for U.S. Mail), or received by the Notice Administrator’s website (for electronically signing via the website) no later than February 7, 2017, in order to be eligible to participate in the Lawsuit.

What Happens if I do not Join this Lawsuit?

If you choose not to join the Lawsuit, you will not be entitled to share in any judgment rendered or settlement reached in this case, whether favorable or unfavorable, and you will not receive any money from this Lawsuit in the event of a settlement or an award.  If you choose not to join this lawsuit, you will not be affected by any ruling, judgment, or settlement, entered in this case regarding your FLSA claims, favorable or unfavorable. If you choose not to join this lawsuit, you are free to take action on your own or do nothing at all.  However, the FLSA has a maximum statute of limitations of two or potentially three years running from each pay date; therefore, if you choose not to join in this lawsuit some or all of your potential claims may later be barred by the FLSA’s applicable statute of limitations, which will not stop running on any claims you may have unless and until you join this lawsuit or file your own claim in court. 

No Retaliation for Participating

Federal law forbids Academy from retaliating or discriminating against you in any way for joining or participating in this Lawsuit. 

Where Can I Get More Information?

Anyone needing assistance with this Notice process and/or submitting their Consent forms, including updating their address and contact information, is directed to contact the Notice Administrator at:

Academy Mortgage Unpaid Overtime Lawsuit
c/o RG/2 Claims Administration LLC
P.O. Box 59479
Philadelphia, PA  19102-9479
Telephone: 866-742-4955
Facsimile: 215-979-1695
Email: academymortgage@rg2claims.com

Anyone needing legal advice regarding this Notice is directed to contact the Representative Plaintiff’s lawyers at:

Donna L. Johnson
HEAD LAW FIRM, LLC
1170 Howell Mill Rd., NW, Ste. 305
Atlanta, GA 30318
Telephone: (404)924-4151 x107
Facsimile: (404)796-7338
Email: academylawsuit@headlawfirm.com

Contacting the Representative Plaintiff’s lawyers is free and confidential.

THIS NOTICE AND ITS CONTENTS HAVE BEEN AUTHORIZED BY THE U.S. DISTRICT COURT, THE HONORABLE CHARLES A. PANNELL, JR., DISTRICT JUDGE.  THE COURT HAS EXPRESSED NO OPINION REGARDING THE MERITS OF THE PARTIES’ CLAIMS OR DEFENSES.  PLEASE DO NOT CONTACT THE COURT REGARDING THIS NOTICE.

 

You may also contact RG/2 Claims Administration by calling toll free to 866-742-4955 or sending an email to academymortgage@rg2claims.com.