Roldan v. Bland Landscaping Co. Inc.

FREQUENTLY ASKED QUESTIONS

BASIC INFORMATION

1. WHO IS INCLUDED IN THE PROPOSED SETTLEMENT?

The Court certified the following collective/classes, meaning that individuals that falling within either of these two groups will be able to receive payment from the settlement, if they do not opt out of the settlement or request exclusion:

a. FLSA Collective Members: All non-exempt Foremen who were or are employed by Defendant in North Carolina at any time from February 22, 2017, through September 6, 2022, who were subject to Defendant’s policies of using a fluctuating workweek method of compensation, who were not compensated for all hours worked, including hours over 40 per week, and who affirmatively opt into the action by cashing any settlement payment received through this settlement.

b. Rule 23 Settlement Class Members: All non-exempt Foremen who were or are employed by Defendant in North Carolina at any time from May 13, 2018, through September 6, 2022, who were subject to Defendant’s policies of using a fluctuating workweek method of compensation, who were subject to deductions from their pay, and/or deductions from any promised wages, and who did not request to be excluded.

2. WHAT IS THIS CASE ABOUT?

A former foreman, Manuel Roldan, has sued Bland Landscaping Company, Inc. (referred to in the notice as “Defendant”) claiming Defendant failed to pay all wages, including compensation pursuant to a fixed salary for all hours worked if, during any given week, they worked less than forty (40) hours.

Bland Landscaping Company, Inc. disputes these claims and has defended against the lawsuit. It denies its pay practices violated the law in any way. The foreman acknowledges that Defendant has since modified its policies referred to in the lawsuit.

The Court has allowed the lawsuit to be certified as a class action under the North Carolina Wage and Hour Act (“NCWHA”) and as a collective action under the Federal Fair Labor Standards Act (“FLSA”) on behalf of foremen affected by Defendant’s pay policies, but the parties have proposed a settlement of this case without admitting liability or wrongdoing of any kind, and the Court has authorized notice of that proposed settlement to people who may be eligible to participate in it.

3. WHAT ARE THE BENEFITS AND TERMS OF THIS SETTLEMENT?

Pursuant to the Settlement, Defendant agreed to pay a total of $1,750,000.00 (the “Gross Settlement Amount”) in exchange for a release of all claims for alleged unpaid wages, overtime compensation, violations of wage and hour laws, liquidated damages, penalties, interest, Class Counsel’s attorneys’ fees, costs and expenses, costs of administering the Settlement, and all other settlement- related payments and costs.

There will be a hearing for final approval of the Settlement. If the Court approves the Settlement, and you do not opt-out of this settlement by November 21, 2022, you will receive the approximate settlement payment listed in your Notice. If you receive a payment, you will be responsible for paying any income taxes you owe as a result of the payment.

After settlement funds are used to pay (i) Class Counsel’s attorney’s fees, costs and expenses approved by the Court, (ii) service awards to the named Plaintiff and opt-in plaintiffs (which will be paid through the amount allotted for attorneys’ fees), subject to approval by the Court, and (iii) costs of settlement administration, the remaining amount (the “Net Settlement Amount”) will be distributed to all eligible individuals who remain in the class. Each Rule 23 Settlement Class Member who does not request to opt-out will be entitled to receive a share of the Net Settlement Amount, proportionate to their estimated actual damages as compared to the total estimated damages for the entire class. Individual Settlement Amounts will only be distributed to class members who do not opt-out.

If you are sent a settlement check but fail to cash your check within 180 days after it is mailed, the Settlement Administrator will redistribute that money to the participating members in the settlement who did sign and cash their checks.

WHAT ARE MY OPTIONS?

4. WHAT ARE MY OPTIONS REGARDING THE SETTLEMENT?

A. Do Nothing: If you do nothing, you will remain a member of the Rule 23 Class and will receive the settlement award amount stated in your Notice. In consideration for the settlement award and upon signing and cashing the settlement payment, you will release all FLSA and NCWHA claims described in Section 14 in the Notice. If you do nothing, you will receive a settlement payment in the approximate amount noted in your Notice and pursuant to this Settlement.

B. Request to be Excluded: If you were employed by Bland Landscaping as a foreman at any time from May 13, 2018, until September 6, 2022, and you do not want to participate in the settlement or to receive a settlement payment, you can request to exclude yourself in writing. All written requests for exclusion must be submitted on or before November 21, 2022. For further instruction, please see Section 10.B of the Notice.

C. Object: If you are a Rule 23 Class Member – in other words, you worked for Bland Landscaping as a Foreman any time from May 13, 2018 until September 6, 2022, and you do not request to be excluded, you may object to the terms of the Settlement, to Class Counsel’s request for attorneys’ fees, costs, and expenses, and/or to Plaintiffs’ request for service awards. If you object and the Settlement is approved, you will still be prevented from bringing your own individual lawsuit asserting claims related to the matters released through this Settlement, and you will be bound by the final judgment entered by the Court. If you object, you may, but are not required to, hire an attorney to represent you. If you hire an attorney, you will be responsible for your own attorneys’ fees, costs, and expenses. All written objections must be submitted on or before November 21, 2022. For further instruction, please see Section 10.C of the Notice.

CONTACT INFORMATION FOR CLASS COUNSEL

5. WHO IS CLASS COUNSEL?

The Court appointed the following lawyers as Class Counsel to represent the Settlement classes:

You do not need to hire your own lawyer because class counsel is working on your behalf in this case. You may, however, choose to hire your own lawyer, but you must do so at your own expense.

THE COURT’S FAIRNESS HEARING

6. WHEN IS THE HEARING ON FINAL APPROVAL OF THIS SETTLEMENT?

The Court will hold this hearing on December 13, 2022 at 10:30 a.m., in Courtroom 4B, United States Courthouse, 401 West Trade Street, Charlotte, NC 28202. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. Either during or after this hearing, the Court will decide whether to approve the Settlement.

The time and date of this hearing may be changed without further notice.

GETTING MORE INFORMATION

7. ARE THERE MORE DETAILS AVAILABLE?

For additional information you may contact:

You may also access the Long Form Notice of Settlement here.