- WHY DID I GET A NOTICE?
Platinum Corral’s records state that you worked as an AM between October 19, 2015, and January 30, 2018 (the period covered by the lawsuit).
The Court ordered that you be sent a notice because you have a right to know about the settlement of a collective action lawsuit in which you are eligible to participate. The notice explains the lawsuit, the settlement, your legal rights, and what benefits are available.
The Honorable George C. Smith, United States District Judge in the Southern District of Ohio, is overseeing the lawsuit. The lawsuit is known as Johnson v. PCL Management LLC and Platinum Coral LLC, Case No. 17 Civ. 399. The person who filed the lawsuit is called the “Plaintiff.” Platinum Corral is called the “Defendant.”
- WHAT IS THIS LAWSUIT ABOUT AND WHY IS THERE A SETTLEMENT?
The lawsuit is about whether Platinum Corral improperly classified AMs as exempt employees, who are not entitled to receive overtime under federal wage and hour laws, and failed to pay them overtime premium pay for the time they worked in excess of 40 hours a week.
Defendant denies that it did anything wrong and believes that AMs are properly compensated as employees who are exempt from overtime. However, to avoid the burden, expense, and uncertainty of continuing litigation, the parties have agreed to this settlement. The Court has not made any ruling on the merits of the Plaintiff’s claims, and no party has prevailed in this action.
- WHAT IS A COLLECTIVE ACTION?
In a “collective action,” one or more people called “Named Plaintiffs” sue on behalf of people who have similar claims. However, the other employees who have similar claims do not become part of the collective action until they “opt in” to the lawsuit. You may “opt in” to the lawsuit and participate in the settlement by returning the enclosed Claim Form. If you timely return the Claim Form, you will receive a settlement check.
- WHAT ARE THE TERMS OF THE SETTLEMENT AGREEMENT?
Platinum Corral has agreed to pay $220,000.00 into a fund to settle the lawsuit and compensate AMs who are covered by the settlement. The Court has approved the following payments from the fund: (i) attorneys’ fees and costs, in the amount of one-third of the settlement fund, and reasonable out-of-pocket costs; (ii) service awards to the Named Plaintiff and Opt-In Plaintiff, in the aggregate amount of $7,500, in recognition of the risks they took and their service to the collective; and (iii) Settlement Claims Administrator’s fees and costs, not to exceed $11,733.00.
- HOW WERE THE PAYMENTS CALCULATED?
Payments were calculated based on a formula approved by the Court. Half of the payment is subject to deductions for applicable taxes and withholdings like any other paycheck, for which you will receive a W-2, and half of the payment will be reported on a 1099.
The allocation formula takes into account the number of weeks you worked as an AM during the period covered by the settlement. The Settlement Agreement contains the exact allocation formula. You may obtain a copy of the Settlement Agreement by contacting the Settlement Claims Administrator or going to the Important Documents section of this website.
Plaintiff’s Counsel and Defendants’ Counsel do not make any representations concerning the tax consequences of this settlement or participation in it, and you are advised to seek your own personal tax advice prior to acting in response to this notice.
- HOW DO I MAKE A CLAIM?
In order to join in the lawsuit and receive a payment under the settlement, you must complete, sign and submit the Claim Form to the Settlement Claims Administrator at the address listed below, or electronically through this website by clicking the "File Consent Online" button at the top of this page. Your Claim Form must be postmarked or received by email, fax, or website submission by no later than August 3, 2018.
The Settlement Claims Administrator – to whom all Claim Forms and questions should be directed – is:
Platinum Corral Associate Manager Settlement
c/o Settlement Administrator
PO Box 23680
Jacksonville, FL 32241
Phone: (888) 766-7516
Fax: (888) 409-9446
The Settlement Claims Administrator will issue settlement checks to all AMs who return timely Claim Forms. You will have 120 calendar days after the date your settlement check is issued to negotiate and cash your settlement check.
- WHAT IS THE LEGAL EFFECT OF THE SETTLEMENT?
If you timely return a properly completed Claim Form, you will become part of the collective action settlement. Once you become part of the settlement, you cannot sue, continue to sue, or be a party in any other lawsuit against Platinum Corral and other Releasees about any Released claims, as explained below. It also means that all of the Court’s orders will apply to you and legally bind you. The “Releasees” are Platinum Corral and its parents, subsidiaries, affiliates, predecessors, successors, members, shareholders, officers, directors, agents, employees, and assigns.
The “Released claims” are all overtime claims that accrued during your employment as an AM, from October 19, 2015, and continuing through January 30, 2018, including, without limitations, all state and federal claims for unpaid overtime wages, and related claims for penalties, interest, liquidated damages, attorneys’ fees and costs, and expenses, arising out of the allegations in this litigation.
If you do not want to participate in, or be bound by, the settlement, you should not return the Claim Form.
- DO I HAVE A LAWYER IN THIS CASE?
The law firms of Outten & Golden LLP, Shavitz Law Group, P.A., and Landskroner Grieco Merriman LLC, have been designated as legal counsel to represent you and other AMs who participate in the settlement. You will not be charged separately for these lawyers. Their fees will be paid from the total settlement fund (as explained in FAQ 4 above).
- HOW CAN I GET MORE INFORMATION?
If you have additional questions about this Notice or want more information, you can contact the Settlement Claims Administrator, or Plaintiff’s Counsel at the addresses and/or telephone numbers below.
Melissa L. Stewart
Nina T. Martinez
Michael C. Danna
OUTTEN & GOLDEN LLP
685 Third Avenue, 25th Floor
New York, NY 10017
SHAVITZ LAW GROUP, P.A.
1515 S. Federal Hwy., Suite 404
Boca Raton, FL 33432