Frequently Asked Questions

1. What is this lawsuit about?

The lawsuit alleges that Defendants failed to properly calculate overtime wages by excluding certain forms of nondiscretionary compensation, such as bonuses and weekend premium pay, from the regular rate of pay. Plaintiffs claim this resulted in underpayment of overtime wages under federal and state law. Defendants deny these allegations, and the Court has not determined who is correct.

2. Why is there a settlement?

The parties agreed to settle to avoid the cost, delay, and uncertainty of continued litigation. A settlement allows Class Members to receive compensation sooner without the risk of losing at trial.

3. Who is included in the Settlement?

For settlement purposes, the Court certified the Lawsuit as a class action (which applies to state wage claims) and a collective action (which applies to federal wage claims) as follows:

Rule 23 Class: All individuals who worked as non-exempt hourly employees for Defendants, who worked in excess of forty (40) hours in a given workweek in which they also received either (i) a sales incentive bonus, or (ii) weekend premium pay, from January 1, 2022, to December 31, 2025, and who did not file an exclusion from the class or otherwise “opt-out” from the Lawsuit.

Collective Class: All individuals who worked as non-exempt hourly employees for Defendants, who worked in excess of forty (40) hours in a given workweek in which they also received either (i) a sales incentive bonus, or (ii) weekend premium pay, from January 1, 2022, to December 31, 2025, and who timely returned a Consent to Join the Lawsuit.

4. What is the difference between the Rule 23 Class and the Collective Class?

The Rule 23 Class covers state law claims and includes individuals automatically unless they opt out. The Collective Class covers federal claims under the FLSA and requires individuals to affirmatively opt in by submitting a Consent to Join Form.

5. What does the Settlement provide, and how much money will I receive?

Approximately $34,119.50 will be distributed among participating Class Members. The amount each person receives depends on factors such as the number of eligible workweeks and whether the individual joins the Collective Class.

Each Class Member’s payment will be calculated based on Defendants’ payroll records, including eligible workweeks and compensation received. Exact amounts vary and are outlined in the Settlement Agreement.

6. How do I get more information?

Class Members can review key documents on the Important Documents page or contact the Settlement Administrator or Class Counsel for more information.