George, et al v. Academy Mortgage Corp. (UT)

George, et al. v. Academy Mortgage Corporation (UT)
United States District Court for the Northern District of Georgia
Atlanta Division
Civil Action No. 1:16-cv-00471-CAP

 

A class and collective action settlement has been reached between named Plaintiffs and Defendant Academy Mortgage Corporation (UT).  Under the Settlement, Academy agrees to pay the total sum of (and not to exceed) Nine Hundred Twenty-Five Thousand Dollars ($925,000.00) (the “Total Settlement Amount”) into a Qualified Settlement Fund (“QSF”) in order to fully and finally resolve settlement of the Claim for the Participating Class Members.

Because the settlement included class action claims under the laws of the states of Arizona, California, Colorado, Idaho, Illinois, Maryland, Ohio, or Washington, a Notice of Settlement (“Notice”) was mailed to individuals who were paid as non-exempt employees by Defendant Academy Mortgage Corporation (UT) (“Academy” or “Defendant”) for working in those states, and whose overtime pay received was calculated based on their hourly rate of pay, but who also received bonuses or other similar production/incentive compensation (each a “bonus” and collectively “bonuses”) for work performed in an overtime week (i.e., a week in which they worked more than forty (40) hours in a workweek or any other overtime hours defined by state law) that was not included in the calculation of their rate of pay for overtime premiums when Defendant calculated and paid overtime premiums for the overtime hours recorded as worked during the time period in which the bonus was earned, in one or more pay periods from the relevant state law class start date through the end of the relevant period defined in the Notice of Settlement distributed (the “Claim”).  Plaintiffs in this Litigation asserted the Claim for alleged underpayment of overtime pay individually and on behalf of all those who submitted Consents in an alleged collective action under the Fair Labor Standards Act (“FLSA”), and on behalf of those similarly situated individuals who worked in the states of Arizona, California, Colorado, Idaho, Illinois, Maryland, Ohio, and Washington as an alleged class action under the applicable wage and hour laws of those states (“state law classes”).  Defendant disputes the allegations and admits no liability.  Nonetheless, Defendant in this Litigation has agreed to settle the Claim for all individuals who filed opt-in Consents to join this Litigation and for the members of the state law classes who did not file opt-in Consents to join this Litigation. The parties reached a settlement that includes settlement of the Claim for the state law classes, and the Court preliminarily approved the settlement on December 10, 2018.

Depending on whether you previously submitted a Consent to opt-in to the Litigation, you may have four separate options with regards to this Settlement.  Please read the Notice of Settlement mailed and/or emailed to you for the options specifically available to you. 
If you previously submitted a Consent to join the Litigation in response to the opt-in notice process in 2016, you do not need to do anything and you will be issued your settlement payment if the Court grants final approval. The following options and deadlines for exercising them only apply to those who did not previously submit a Consent to join the Litigation but are included in the state law classes:

  1. File a Claim Form.  Sign and return a Claim Form to the Settlement Administrator by February 25, 2019, to claim your additional FLSA payment in exchange for the FLSA release.
  2. Do Nothing. If you do nothing in response to the Notice of Settlement mailed and emailed to you, then upon final approval of the settlement by the Court, you will receive only your state law class payment from this settlement outlined in your Notice of Settlement for the state law release, but you will forfeit your additional offered FLSA payment.
  3. Request Exclusion From Settlement. Exclude yourself from the state law classes by submitting a Request for Exclusion, in writing to the Settlement Administrator at its address provided in the Contact section, with a postmark date of no later than February 9, 2019. 
  4. File Objection. Object to the terms of the Settlement and/or to the attorneys’ request for fees and costs or to the Plaintiffs’ requests for a service award if you do not submit a timely and complete “Request for Exclusion” and mail a copy of your written objection to the Settlement Administrator at its address listed In the Contact section no later than February 9, 2019. 

Please carefully read the Notice of Settlement mailed and emailed to you for more information about your options in this Settlement.  If you previously submitted a Consent or you worked in one of the states of the state law classes but you did not receive a Notice of Settlement and you believe you meet the criteria for inclusion in this settlement, you may contact the Settlement Administrator, RG/2 Claims Administration, at the information provided by clicking here

NOTICE HAS BEEN AUTHORIZED BY 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 THE NOTICE.