Your gross settlement payment as approved by the Court is $___________. The check represents this payment as follows: one-half (1/2) of this amount is payment for lost wages with payroll taxes withheld, and one-half (1/2) of this amount is payment for liquidated damages allowed under the law with no taxes withheld. IRS forms W2 and 1099 will be issued to you for this payment.  Liquidated damages may be considered taxable income, so you should consult with your tax preparer regarding these payments.
How was my gross payment determined? The Lawsuit common fund settlement is $4,200,000. From this amount, the Court approved deducting FLSA Collective Counsel’s attorney’s fees equaling one-third of this amount. The Court also approved payment for FLSA Collective Counsel’s out of pocket expenses of $15,278.46, the costs associated with administering and making payments under the Settlement of $50,000.00, and a service award totaling $15,000.00 for the named Plaintiff Bart Gabe to be paid from the common settlement fund. Mr. Gabe initiated the Lawsuit and worked with FLSA Collective Counsel throughout the litigation—all on your behalf and benefit.
The remaining amount of common fund settlement is $2,719,721.54 (the “Net Settlement Fund”). This was divided among the 699 FLSA Collective Members on a pro-rated basis. Your settlement payment represents a pro rata share based on the amount of compensation allegedly owed to you as determined by FLSA Collective Counsel’s expert witness Dr. Liesl Fox, Ph.D., compared to the compensation owed to the other FLSA Collective Members. Your length of employment and income received from Defendants as reflected in their records were the main variables impacting this prorated distribution. Under the statute of limitations of the wage and hour laws, your lost wages claim cannot include any period of time before February 14, 2020. Regardless, each FLSA Collective Member was guaranteed a gross payment of at least $400 under this Settlement. You have 90 days to negotiate the check, otherwise the funding for them will be revoked and you will receive nothing under this settlement.

This Lawsuit alleges that Defendants failed to pay minimum wages and overtime in violation of state and federal wage and hour laws. Defendants deny violating these laws and contend that such employees were provided proper minimum wage and overtime pay under these laws. The FLSA Collective Representative Bart Gabe, after consulting with FLSA Collective Counsel, believes the settlement benefits for the FLSA Collective Members are fair and reasonable. Settlement enables the FLSA Collective Members to avoid the risk of continued litigation including the potential future decertification of this FLSA Collective or dismissal of certain FLSA Collective Members’ claims. If this were to occur, FLSA Collective Members may recover nothing. Settlement also enables the FLSA Collective Members to recover money now without further delay. The Judge overseeing the Lawsuit has approved the settlement as fair and reasonable. Because this is a settlement, the Judge did not rule that Defendants were in violation of any applicable laws. The settlement is not an admission by Defendants that they have violated any applicable laws.

In approving the Settlement, the Court has ruled as follows regarding the claims that you release if you negotiate the check:Any and all wage and hour and wage payment claims of whatever nature that you may have against any of the Released Parties, (defined below) whether known or unknown, as a result of actions or omissions through and including the Approval Date, whether under federal, state and/or local law, statute, ordinance, regulation, common law, or other source of law, including, but not limited to, the FLSA, the Illinois Minimum Wage Law, and any other federal, state, or local wage and hour or wage payment laws, including any and all claims thereunder for unpaid overtime, liquidated damages, unpaid wages, deductions, minimum wages, premium pay, interest, attorneys’ fees, injunctive relief, or penalties related to overtime, missed meal periods, missed rest breaks, donning and doffing, breach of contract, quantum meruit or retaliation related to wage claims, the prompt pay laws of any state, and other alleged wage and hour violations.
“Released Parties” means Defendants Allied First Bank, S.B.; Allied First Bancorp, Inc.; ServBank Holdco, Inc. and their predecessors, successors, and present, future and former affiliates, parents, subsidiaries, insurers, officers, directors, board members, attorneys, agents, representatives, employees, and assigns, including, without limitation, any investors, trusts, or other similar or affiliated entities and all persons acting by, through, under, or in concert with any of them, including any party that was or could have been named as a defendant in this action.

Yes. This Notice summarizes the most important aspects of the settlement. You can get a complete copy of the written settlement agreement by emailing AlliedFirstSettlement.Info@ardenclaims.com. DO NOT CALL THE COURT OR THE COURT’S CLERK ABOUT THIS SETTLEMENT.

Allied First Bank Settlement Administrator
PO Box 1015
Port Washington, NY 11050
Tel: 516-778-6067  | Fax: 516-855-3741
Email: AlliedFirstSettlement.Info@ardenclaims.com

The Court has designated as FLSA Collective Counsel: Brendan J. Donelon; DONELON, P.C.; 4600 Madison, Ste. 810, Kansas City, MO 64112; 816-221-7100, brendan@donelonpc.com -and- Rowdy B. Meeks, Rowdy Meeks Legal Group, LLC, 8201 Mission Rd., Ste. 250, Prairie Village, KS 66208, 913-766-5585, rowdy.meeks@rmlegalgroup.com.