If you were an hourly-paid, non-exempt worker employed by Fontaine Modification Company at any time from May 1, 2022 through September 1, 2026, you may be eligible for a payment.
What is this Lawsuit about?
The Plaintiff has sued Fontaine Modification Company, claiming that it failed to pay employees for all time worked and failed to include all remuneration in the regular rate of pay for overtime calculations, in violation of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 216(b), the Virginia Overtime Wage Act, and the Virginia Wage Payment Act. Fontaine Modification Company denies it has engaged in any wrongdoing and has not admitted to any of the claims in the lawsuit.
How do I know if I am in the Settlement Class?
You are a Settlement Class Member if you meet the criteria of one of the two following groups:
Collective Members
All hourly-paid, non-exempt workers employed by Defendant in any place covered by the Fair Labor Standards Act at any time from May 1, 2022 through September 1, 2026, excluding those in the Settlement Class.
All hourly-paid, non-exempt workers employed by Defendant in any place covered by the Fair Labor Standards Act at any time from May 1, 2022 through September 1, 2026, excluding those in the Settlement Class.
Class Members
All hourly-paid, non-exempt workers employed by Defendant in the Commonwealth of Virginia at any time from May 1, 2022 through September 1, 2026.
All hourly-paid, non-exempt workers employed by Defendant in the Commonwealth of Virginia at any time from May 1, 2022 through September 1, 2026.
What does the Settlement provide?
Fontaine has agreed to pay up to $1,600,000.00 to settle this case. The Net Settlement Amount consists of the amount remaining after payments for: combined attorneys' fees and litigation expenses awarded by the court (up to $533,333.33), the settlement administrator's costs (up to $20,000), and a service award to Plaintiff Matthew Boyd ($5,000). Each settlement member will be allocated a pro rata share of the Net Settlement Amount based on the amount of their potential damages and additional penalties available under applicable laws based on Fontaine's records.
- Collective Members (Not in Commonwealth of Virginia): To receive a settlement payment, you must submit a Consent Form
- Class Members (Commonwealth of Virginia): To receive a settlement payment, you do not need to submit a Consent Form. You are already included unless you choose to exclude yourself from the case
COLLECTIVE MEMBERS (Not in Commonwealth of Virginia): RIGHTS AND OPTIONS IN THIS SETTLEMENT
| Option | Description |
|---|---|
| TIMELY COMPLETE AND SUBMIT A CONSENT TO JOIN AND CLAIM FORM | If you complete and return the enclosed Consent to Join and Claim Form by November 27, 2026, you will receive a settlement check as described in this Notice. You will also release your FLSA claims as explained below. |
| DO NOTHING | If you do not submit the form, you will not receive a Settlement Collective payment and will not release FLSA claims. The settlement sum allocated to you will remain with Fontaine. |
CLASS MEMBERS (Commonwealth of Virginia): RIGHTS AND OPTIONS IN THIS SETTLEMENT
| Option | Description |
|---|---|
| DO NOTHING, RECEIVE A PAYMENT | You are a Settlement Class Member and you do not need to do anything to receive a Settlement Class payment. You will automatically receive a payment unless you timely opt out. You will also be bound by the Rule 23 release of claims explained below. |
| OPT OUT OF THE SETTLEMENT CLASS, DO NOT RECEIVE A SETTLEMENT CLASS PAYMENT | You may ask to be excluded from the Rule 23 Settlement Class. If you request exclusion, you will not receive a Settlement Class payment and will not be bound by the Rule 23 release. |