Joseph Combs v. TruGreen Lawn Care

Joseph Combs, et al. vs. TruGreen Lawn Care. This lawsuit was filed on behalf of lawn care technicians seeking to recover unpaid wages. The technicians are paid under a method known as the fluctuating work week method, which permits an employer to pay half pay for overtime hours as long as the employees are paid their guaranteed weekly salary. However, the company has not always paid the guaranteed salary to employees as required by the fluctuating work week method of payment. The case has currently been assigned to Judge Susan J. Dlott.

Fri, 10/08/2010 - 11:28

We are pleased to report that this case has been settled for the sum of $650,000.00. Settlement checks have been mailed to 548 class participants.
Special thanks to Lead Plaintiffs Joseph Combs, David Meshulam and Danny Stape for all of their assistance.

Thu, 10/07/2010 - 11:41

Rust Consulting mailed settlement checks to 548 class members on Wednesday, October 6. If you have submitted a claim form and do not receive a check within the next 14 days, contact Rust at (866) 403 5440. Rust can also answer questions about deductions from the wage portion of the check. The check must be cashed by December 5, 2010.  

Mon, 10/04/2010 - 12:50

The settlement  in this case is now final. It is projected that the settlement administrator, Rust Consulting, will begin mailing payments late this week. Over 540 employees and former employees will be receiving money from the settlement. Each check includes a payment for wages, liquidated damages, and interest but will be combined into one amount.  Appropriate tax reporting forms will be sent with the payment.  

Thu, 09/02/2010 - 17:59

On September 2 the Court conducted a Fairness Hearing to consider whether to grant final approval to the Settlement. After reviewing the record and hearing from the parties, Judge Dlott approved the Settlement. The Settlement calls for payments to Class Members who submitted timely claim forms, following the deduction of costs for administration, attorney fees and service fees. The amount of individual payments has not yet been calculated by Rust Consulting, Inc., the claims administrator.

Thu, 06/03/2010 - 16:52

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.

Tue, 05/18/2010 - 18:10

On May 3, 2010, Judge Susan Dlott granted preliminary approval to a settlement of wage claims for service technicians in TruGreen's Northern Division. This paves the way for Notices and Claim forms to be mailed out to employees who are potentially eligible to receive a settlement payment. The Notices explaining the terms of the settlement and the Claim Forms, which must be completed to participate in the settlement, will be mailed out in early June by the Claims Administrator, Rust Consulting, Inc. 

Fri, 04/02/2010 - 12:50

The hearing to consider approval of the proposed settlement and notices to the classes was postponed by Judge Susan Dlott and rescheduled for April 28.

Wed, 03/10/2010 - 15:27

Judge Susan Dlott has set a hearing for April 7, 2010, to consider preliminary approval of a settlement of FLSA/Ohio claims of service technicians in the North Division. If she grants approval,notices and claim forms will be mailed within 30 days to employees explaining the settlement and their options.

Wed, 02/17/2010 - 22:07

We have achieved a settlement of this case and will be submitting the settlement to the Judge for preliminary approval. We anticipate that notices to potential class members will be mailed out shortly describing the settlement and the manner in which the technicians can participate in the settlement.