Notices of Settlement and Right to Join Settlement were mailed to eligible class members on January 3, 2012. To participate in the Settlement, the Consent to Join and Release, enclosed with the Notice, must be postmarked or delivered by March 3, 2012. Consents can be returned by mail, fax , email or by personal delivery.
Although the Court approved a Notice for mailing to employees on November 4, 2010, Flexicom has not yet provided a list of names and addresses of employees, citing problems in compiling the information. So that employees do not lose rights due to this delay, Flexicom agreed to sign a Tolling Agreement. This Agreement "stops the clock" on the statute of limitations for the federal overtime claims. Employees working for Flexicom after November 17, 2007, will be eligible to join the case by returning a consent form. Notices will be mailed in early 2011.
On October 20, 2010, Judge Bertlesman conditionally certified a class of retail sales employees, including store managers, employed at stores owned and operated by Flexicom within the jurisdiction of the U. S. District Court for the Southern District of Ohio. This includes all but about 10-12 Ohio stores.
On June 2, Rust Consulting, the Settlement Administrator in this case, mailed notices and claim forms to employees and former employees in TruGreen's Northern Division who are potentially eligible for a settlement payment. Claim forms must be received by Rust by August 2, 2010.