Brown v Flexicom: The final payments to participants in the settlement will be made in October 2015.
Brown v. Flexicom
Brown, et al. v. Flexicom LLC. This is an overtime pay case brought on behalf of store employees who are paid a small salary with some limited potential for commissions. We seek to recover overtime pay for these employees. Because of the large case volume in the U.S. District Court for the Southern District of Ohio, the case has been assigned to Judge William O. Bertelsman, who normally presides over cases in Northern Kentucky.
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.
The Judge has approved the Settlement Agreement, which was filed under seal with the court for confidentiality purposes. The Judge also has approved a required Notice to Employees which will be sent to current and former employees who are eligible to participate in the settlement. The Notice identifies the basic terms of the Settlement and explains how to participate in the settlement.
Notices will be sent to current and former sales employees, including store managers, employed at any point between November 14, 2007 and September 1, 2011. It is anticipated that these Notices will be mailed to eligible employees approximately 30 days after the Judge’s approval. Employees will have 60 days from the date of mailing to return their acceptance forms to Meizlish & Grayson. Questions about the settlement should be directed to us and not the Court.
On October 11, 2011 Judge Bertlesman met with the lawyers for both sides to review the Settlement Agreement submitted for his approval. While finding no problems with most of the terms, the Judge requested that a revised notice to the employees be submitted prior to his approval. He directed that this notice be submitted on or before October 22.
On Wednesday, September 21, Judge Bertelsman issued an order setting a status conference for Tuesday, October 11, to discuss the settlement agreement, which will be filed under seal.
On September 16, 2011, the parties filed a Joint Motion asking the Judge to approve a confidential settlement of the overtime claims. If is is approved, eligible employees will receive more information in a court-approved notice and be provided with an opportunity to participate. We will post any new developments.
On Monday July 18, 2011, the parties requested that the Judge grant them an additional 45 days to conclude current settlement discussions and to prepare the required documents if they are successful in reaching an agreement.
Based on the progress made in settlement discussions, Judge William O. Bertelsman has approved a 60-day period for the parties to conclude the negotiations. The Judge has ordered the parties to file a status report by July 18, 2011, advising the court of of their efforts in settling this matter.
The parties have agreed to a short delay before notice of the lawsuit is sent to employees so we can explore the possibility of a settlement. We expect to know in the next few weeks whether settlement can be achieved. If no settlement appears possible, notices will be sent pursuant to the Court's order.
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.