Preview
FILED: NASSAU COUNTY CLERK 05/11/2023 09:44 PM INDEX NO. 607329/2023
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/11/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
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BRIAN JACKSON, on behalf of himself, individually,
and all other persons similarly situated,
Index No.: 607329/2023
Plaintiff,
-against-
FERGUSON ENTERPRISES, LLC,
Defendant.
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NOTICE OF CLASS ACTION LAWSUIT AND FAIRNESS HEARING
PLEASE READ THIS NOTICE CAREFULLY
This Notice relates to a proposed settlement of this class-action litigation. It has been authorized
by the Supreme Court of the State of New York, County of Nassau. It contains important
information as to your right to make a claim for payment, object to the settlement, or elect not to
be included in the class.
Introduction
Plaintiff Brian Jackson, a former employee of Defendant Ferguson Enterprises, LLC, filed a
lawsuit alleging that Defendant failed to timely pay wages earned under the New York Labor Law
(“NYLL”) against Defendant. The Court in charge of this case is the Supreme Court of the State
of New York, County of Nassau. The lawsuit is known as Brian Jackson v. Ferguson Enterprises,
LLC, Index No.: 607329/2023. The individual who filed the lawsuit is called the Plaintiff.
The Plaintiff alleges in the lawsuit that, among other things, Defendant violated the NYLL with
respect to all of its non-managerial, hourly paid, employees by failing to pay them their wages
earned weekly, or not later than seven days of when the wages were earned, as required by NYLL
§ 191.
Although Defendant denies any wrongdoing, Plaintiff and Defendant have agreed to settle the
action subject to the approval of the Court. This Settlement Agreement covers the named Plaintiff
and any non-managerial, hourly employee of Defendant in New York State who was employed at
any time during the period of June 6, 2016 through March 15, 2022, and who were manual workers
under NYLL §191, except for any employee who agreed to arbitrate any employment-related
disputes with the Defendant, as determined by Defendant in good faith based upon business
records, or any employee who has otherwise signed a release of claims against the Defendant (the
“Class”). To avoid the burden, expense, inconvenience, and uncertainty of continued litigation,
Defendant has agreed to pay a maximum of $3,300,000.00 to resolve the litigation (inclusive of
attorneys’ fees and costs, a service award, and class administration costs), depending on certain
conditions set forth in the Settlement Agreement.
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The Court has not decided who is right and who is wrong. However, the parties have reached this
Agreement through negotiations and mediation and then presented it to the Court. As determined
through that process, recipients of this notice are entitled to participate and your legal rights may
be affected. These rights and options are summarized below and explained in detail throughout
this Notice.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT:
PARTICIPATE: As described more fully below, to participate in the settlement and receive a
monetary distribution from the settlement, you must send a properly completed
Claim Form and Release and IRS Form W-9 to the Settlement Claims
Administrator that must be postmarked by mail by, or sent by email or fax by,
[DATE], 2023. If you fail to submit a timely Claim Form and Release, you will
receive no monetary distribution from the settlement.
EXCLUDE If you wish to exclude yourself (“opt-out”) from the lawsuit, you must follow the
YOURSELF: directions outlined in response to question 7 below. If you exclude yourself, as
described herein, you will not be bound by the settlement and will receive no
monetary distribution from the settlement.
OBJECT: Write to the Court about why you believe the settlement is unfair or unreasonable.
If the Court rejects your objection, you will still be bound by the terms of the
settlement for claims under New York law. If you object you may appear
personally or through an attorney at the Fairness Hearing, subject to the Court’s
approval, to speak to the Court about the fairness of the settlement. To object,
you must also submit a timely Claim Form and Release and IRS Form W-9.
1. Why did I receive this notice?
You have received this notice because Defendant’s records show that you are a current or former
employee of Defendant who worked as a non-managerial, hourly paid employee at some point
from June 6, 2016 through March 15, 2022, and are not party to an arbitration agreement with
Defendant and have not otherwise signed a release of claims against the Defendant. The Court
ordered that you be sent this Notice because you have a right to know about a proposed class action
settlement and all your options before the Court decides whether to approve the settlement.
2. What is a class action?
A class action is a lawsuit where one or more persons sue not only for themselves, but also for
other people who have similar claims. These other people are known as Class Members. In a
class action, one court resolves the issues for all Class Members, except for those who exclude
themselves from the Class. The Honorable [INSERT NAME], Justice of the Supreme Court of
the State of New York, County of Nassau, is presiding over this class action.
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3. Why is there a settlement?
Class Counsel analyzed and evaluated the merits of the claims made against Defendant in the
Litigation. Class Counsel and Defendant also participated in a mediation session with an
independent neutral third-party mediator, Christie Del Rey-Cone, Esq. Based upon input from the
neutral third-party mediator, Ms. Del Rey-Cone, and the substantial risks of continued litigation,
including the possibility that the litigation, if not settled now, might not result in any recovery
whatsoever, or might result in a recovery that is less favorable and that would not occur for several
years, Plaintiff’s Counsel, Plaintiff, and Defendant entered into this proposed settlement. Class
Counsel is satisfied that the terms and conditions of this Agreement are fair, reasonable and
adequate and that this Settlement Agreement is in the best interest of the Plaintiff and Class
Members.
4. Payment to Class
The Settlement Claims Administrator will calculate each Class Member’s settlement payment by
taking (i) taking one half of the individual Class Member’s total earnings (exempting benefits or
wage supplements as defined in NYLL § 198-c(2) which includes “reimbursement for expenses;
health, welfare, and retirement benefits; and vacation, separation or holiday pay”) during the
Settlement Period and (ii) dividing it by one half of the total earnings (not including holiday,
vacation or other types of pay exempted from NYLL § 191) of the Settlement Class during the
Settlement Period as the denominator. The denominator for each Class Member will be the same
number. Such amount shall be the Class Member’s individual percentage allocation of the Net
Settlement Fund. The Settlement Class Administrator shall then take each Class Member’s
individual percentage allocation of the Net Settlement Fund to determine such Class Member’s
share.
After the Court enters final approval of the settlement and the settlement has become effective, the
Claims Administrator will mail settlement checks to the individual Class Members that have
submitted a timely claim form. The settlement payments will be mailed approximately 50 days
after final approval of the settlement. The payment will be designated as 1099 miscellaneous non-
wage income and reported to the appropriate tax authorities on an IRS Form 1099. Class Members
will have 180 days after the mailing to cash their settlement checks, after which date the check
will be voided and a stop-payment will be placed.
5. Procedures
To receive a distribution from the settlement fund, you must timely complete and return the
enclosed Claim Form and Release and an IRS Form W-9. The Claim Form and Release must be
personally filed by the current or former employee who seeks to participate in the Settlement or
someone with a legal right to act on his or her behalf.
The Claim Form and Release and IRS Form W-9 must be properly completed, signed, and mailed,
emailed or faxed to the Settlement Claims Administrator by [DATE], 2023 (the “Bar Date”). If
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you do not properly complete and timely submit this Claim Form and Release and an IRS Form
W-9, you will not be able to receive any monetary distribution.
In the event that you did not receive this Notice when mailed or can establish that you were unable
to file a timely Claim Form due to factors such as change of address, military service,
hospitalization, or other extraordinary circumstances, then the Claim Form and Release and IRS
Form W-9 must be properly completed, signed, and mailed and postmarked, emailed or faxed to
the Settlement Claims Administrator by [DATE], 2023 (“Late Bar Date”). If you do not properly
complete and submit this Claim Form and Release and IRS Form W-9 by this deadline, if you
qualify to submit by the Late Bar Date, you will not be able to receive any monetary distribution.
You should keep in mind that if you do not opt out, and if you do not properly and timely complete
and return the Claim Form and Release and IRS Form W-9 by the Bar Date (or Late Bar Date, if
applicable), you will not receive a distribution from the settlement fund, but you will still be bound
by the Release of all claims alleging that any wages were not paid in accordance with the frequency
required by New York law between June 6, 2016 through March 15, 2022.
If you timely return the enclosed form to the Settlement Claims Administrator so that it is received
by email or fax or postmarked by [DATE], 2023, the Settlement Claims Administrator will make
your payment after a Fairness Hearing as instructed by the Court.
Additionally, if the Court grants final approval of the Settlement, this action will be dismissed with
prejudice. Class Members who do not opt out will fully release and discharge Defendant from all
claims alleging that any wages were not paid in accordance with the frequency required by New
York law between June 6, 2016 through March 15, 2022. This means that you cannot sue, continue
to sue, or be a party in any other lawsuit against Defendant regarding the claims resolved through
the settlement arising during the time period of June 6, 2016 through March 15, 2022. The released
claims also include interest on such claims, penalties, liquidated damages, attorneys' fees,
expenses, and costs related to such claims. It also means that all of the Court’s orders will apply
to you and legally bind you. However, by participating, you will be entitled to a share of the class
settlement.
6. What is a service award?
A service award is a payment to an individual to compensate them for their efforts to litigate a
class action and for undertaking the risk associated with bringing a lawsuit. In this case, Plaintiff
brought this action, provided documents and information to prosecute this litigation, appeared for
mediation, and undertook the responsibility to ensure the Class Members received a fair and
reasonable settlement in this litigation. For these efforts, Plaintiff will receive a service award of
$30,000.00 from the total settlement sum, subject to the Court’s approval.
If approved by the Court, Plaintiff will be giving Defendant a general release of any and all known
and unknown claims against Defendant, even if such claims do not relate to the payment of wages,
in exchange for the service award. The amount of the service award payment, if approved by the
Court, will be taxed as 1099 miscellaneous non-wage income.
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7. How Do I Exclude Myself From The Settlement?
If you do not wish to participate in this proposed settlement and want to keep the right to sue or
continue to sue Defendant, on your own, for the legal claims in this case or that could have been
brought in this case, then you must take steps to exclude yourself from this case. You should be
aware that, to the extent the statute of limitation has not already expired, excluding yourself from
the settlement will recommence the statute of limitations. This may affect your ability, if any, to
assert an individual claim.
If you intend to exclude yourself, you must mail, or email or fax, a written, signed statement to the
Settlement Claims Administrator stating that you wish to opt-out of the settlement and include
your name, address, and telephone numbers (“Opt-out Statement”). To be effective, the Opt-out
Statement must be mailed to the Settlement Claims Administrator and postmarked by, or emailed
and faxed by the Bar Date on [DATE], 2023.
In that event that you did not receive this Notice when mailed or can establish that you were unable
to file a timely Opt-out Statement due to factors such as change of address, military service,
hospitalization, or other extraordinary circumstances, then the Opt-out Statement must be properly
completed, signed, and mailed and postmarked, emailed or faxed to the Settlement Claims
Administrator by the Late Bar Date on [DATE], 2023.
Opt-out Statements must be sent to the following:
Rust Consulting Inc.
Re: Ferguson Enterprises Matter
[ADDRESS]
Email Address: [EMAIL ADDRESS]
Fax No.: [FAX NUMBER]
If you exclude yourself from the lawsuit and settlement, you will NOT be allowed to object to the
settlement as described in paragraph 12 below.
8. If I don’t exclude myself from the settlement, can I sue Defendant for the same thing
later?
No. Unless you exclude yourself, you give up any rights to sue Defendant for claims released by
the settlement, as stated above. Remember, the exclusion deadline is the Bar Date on [DATE],
2023 (or the Late Bar date on [DATE], 2023, if applicable).
9. If I exclude myself, can I get money from this settlement?
No. If you exclude yourself, you will not receive any money from this settlement.
10. Do I have a lawyer in this case?
The Law Office of Peter Romero PLLC, 490 Wheeler Road, Suite 250, Hauppauge, New York
11788, has been designated as legal counsel to represent the Class. These lawyers are called Class
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Counsel. You will not be charged separately for these lawyers. Class Counsel’s fees are being
paid from the total settlement fund as part of the Agreement and subject to the approval of the
Court. If you want to be represented by your own lawyer, you may hire one at your own expense.
11. How will the lawyers be paid?
Class Counsel will ask the Court to approve payment of up to $1,100,000.00 (i.e. 33.33% of the
settlement fund established by the Defendant) for attorneys’ fees, as well as an additional sum for
litigation expenses and costs, to be paid from the settlement fund. The fees would pay Class
Counsel for all work that they have performed in this action, including, among other tasks,
engaging in discovery, investigating the facts, attending court conferences, participating in private
mediation, and negotiating and overseeing the settlement.
12. How do I tell the Court that I don’t like the settlement?
You can object to the settlement if you disagree with any part of it. You can give reasons why you
think the Court should not approve it. The Court will consider your views. If the Court rejects
your objection, you will still be bound by the terms of the settlement unless you submitted a valid
and timely request for exclusion. To object, you must send a statement by letter saying that you
object to the settlement and must submit a timely Claim Form and Release and IRS Form W-9.
Your statement must include all reasons for the objection and any supporting documentation in
your possession. Your statement must also include your name, address, and telephone number.
If you wish to present your objection at the Fairness Hearing described below, you must state your
intention to do so in your written objection. Your statement should be as detailed as possible,
otherwise the court may not allow you to present the reasons for your objection at the Fairness
Hearing that you did not describe in your written objection. Mail, email or fax the objection to the
Settlement Claims Administrator at the address or fax number below. Your objection will not be
heard unless it is mailed and postmarked, emailed or sent by fax by the Bar Date on [DATE],
20203 (or the Late Bar date on [DATE], 2023, if applicable) to the following:
Rust Consulting Inc.
Re: Ferguson Enterprises Matter
[ADDRESS]
Email Address: [EMAIL ADDRESS]
Fax No.: [FAX NUMBER]
The Settlement Claims Administrator will share your objection with Class Counsel and
Defendant’s counsel. It will be filed with the Court.
You may not object to the settlement if you submit a letter requesting to exclude yourself or “opt-
out” of the settlement of the lawsuit.
13. What’s the difference between objecting and excluding?
Objecting is simply telling the Court that you don’t like something about the settlement. You can
object only if you stay in the Class by submitting a timely Claim Form and Release and IRS Form
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W-9. Excluding yourself from the settlement (“opting-out”) is telling the Court that you do not
want to be part of the Class. If you exclude yourself, you have no basis to object because the case
no longer affects you.
The Court will hold a Fairness Hearing on [DATE], 2023 to decide whether to approve the
settlement. Class Counsel will answer questions the Judge may have. You do not have to come
to the hearing, but you are welcome to do so at your own expense.
If you send an objection, it is not necessary for you to come to Court to talk about it, but, subject
to the Court’s approval, you may do so at your own expense or pay your own lawyer to attend. As
long as you mailed your written objection on time, the Court will consider it. If you do attend the
hearing, you will not be permitted to speak unless you timely object in writing as described above,
notify the Court of your intention to appear at the fairness hearing and receive the Court’s approval
to speak regarding your objection personally or through an attorney at your own expense.
14. When and where will the Court decide whether to approve the settlement?
The Court will hold a Fairness Hearing at the Supreme Court of the State of New York, County of
Nassau, Courtroom [ENTER ROOM NUMBER] at 100 Supreme Court Drive, Mineola, New
York 11501, on [DATE], 2023 at [TIME]. The case is assigned to the Honorable [INSERT
NAME], Justice of the Supreme Court. At this hearing the Court will consider whether the terms
of the settlement are fair, reasonable, and adequate. If there are objections, the Court will consider
them. The Justice will listen to people who have asked and received approval to speak at the
hearing. The Court may also decide how much to award to Class Counsel as attorneys’ fees and
costs. After the hearing, the Court will decide whether to approve the settlement. We do not know
how long these decisions will take.
15. Are there more details about the settlement?
If you have additional questions about the litigation or this settlement, you may contact the
Settlement Class Administrator:
Rust Consulting Inc.
Re: Ferguson Enterprises Matter
[ADDRESS]
Email Address: [EMAIL ADDRESS]
Fax No.: [FAX NUMBER]
PLEASE DO NOT CALL OR CONTACT THE COURT, THE OFFICE OF THE CLERK OF
COURT, OR DEFENDANT WITH QUESTIONS REGARDING THIS NOTICE.
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Preview
FILED: NASSAU COUNTY CLERK 05/11/2023 09:44 PM INDEX NO. 607329/2023 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/11/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU -----------------------------------------------------------------------X BRIAN JACKSON, on behalf of himself, individually, and all other persons similarly situated, Index No.: 607329/2023 Plaintiff, -against- FERGUSON ENTERPRISES, LLC, Defendant. -----------------------------------------------------------------------X NOTICE OF CLASS ACTION LAWSUIT AND FAIRNESS HEARING PLEASE READ THIS NOTICE CAREFULLY This Notice relates to a proposed settlement of this class-action litigation. It has been authorized by the Supreme Court of the State of New York, County of Nassau. It contains important information as to your right to make a claim for payment, object to the settlement, or elect not to be included in the class. Introduction Plaintiff Brian Jackson, a former employee of Defendant Ferguson Enterprises, LLC, filed a lawsuit alleging that Defendant failed to timely pay wages earned under the New York Labor Law (“NYLL”) against Defendant. The Court in charge of this case is the Supreme Court of the State of New York, County of Nassau. The lawsuit is known as Brian Jackson v. Ferguson Enterprises, LLC, Index No.: 607329/2023. The individual who filed the lawsuit is called the Plaintiff. The Plaintiff alleges in the lawsuit that, among other things, Defendant violated the NYLL with respect to all of its non-managerial, hourly paid, employees by failing to pay them their wages earned weekly, or not later than seven days of when the wages were earned, as required by NYLL § 191. Although Defendant denies any wrongdoing, Plaintiff and Defendant have agreed to settle the action subject to the approval of the Court. This Settlement Agreement covers the named Plaintiff and any non-managerial, hourly employee of Defendant in New York State who was employed at any time during the period of June 6, 2016 through March 15, 2022, and who were manual workers under NYLL §191, except for any employee who agreed to arbitrate any employment-related disputes with the Defendant, as determined by Defendant in good faith based upon business records, or any employee who has otherwise signed a release of claims against the Defendant (the “Class”). To avoid the burden, expense, inconvenience, and uncertainty of continued litigation, Defendant has agreed to pay a maximum of $3,300,000.00 to resolve the litigation (inclusive of attorneys’ fees and costs, a service award, and class administration costs), depending on certain conditions set forth in the Settlement Agreement. 1 FILED: NASSAU COUNTY CLERK 05/11/2023 09:44 PM INDEX NO. 607329/2023 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/11/2023 The Court has not decided who is right and who is wrong. However, the parties have reached this Agreement through negotiations and mediation and then presented it to the Court. As determined through that process, recipients of this notice are entitled to participate and your legal rights may be affected. These rights and options are summarized below and explained in detail throughout this Notice. YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT: PARTICIPATE: As described more fully below, to participate in the settlement and receive a monetary distribution from the settlement, you must send a properly completed Claim Form and Release and IRS Form W-9 to the Settlement Claims Administrator that must be postmarked by mail by, or sent by email or fax by, [DATE], 2023. If you fail to submit a timely Claim Form and Release, you will receive no monetary distribution from the settlement. EXCLUDE If you wish to exclude yourself (“opt-out”) from the lawsuit, you must follow the YOURSELF: directions outlined in response to question 7 below. If you exclude yourself, as described herein, you will not be bound by the settlement and will receive no monetary distribution from the settlement. OBJECT: Write to the Court about why you believe the settlement is unfair or unreasonable. If the Court rejects your objection, you will still be bound by the terms of the settlement for claims under New York law. If you object you may appear personally or through an attorney at the Fairness Hearing, subject to the Court’s approval, to speak to the Court about the fairness of the settlement. To object, you must also submit a timely Claim Form and Release and IRS Form W-9. 1. Why did I receive this notice? You have received this notice because Defendant’s records show that you are a current or former employee of Defendant who worked as a non-managerial, hourly paid employee at some point from June 6, 2016 through March 15, 2022, and are not party to an arbitration agreement with Defendant and have not otherwise signed a release of claims against the Defendant. The Court ordered that you be sent this Notice because you have a right to know about a proposed class action settlement and all your options before the Court decides whether to approve the settlement. 2. What is a class action? A class action is a lawsuit where one or more persons sue not only for themselves, but also for other people who have similar claims. These other people are known as Class Members. In a class action, one court resolves the issues for all Class Members, except for those who exclude themselves from the Class. The Honorable [INSERT NAME], Justice of the Supreme Court of the State of New York, County of Nassau, is presiding over this class action. 2 FILED: NASSAU COUNTY CLERK 05/11/2023 09:44 PM INDEX NO. 607329/2023 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/11/2023 3. Why is there a settlement? Class Counsel analyzed and evaluated the merits of the claims made against Defendant in the Litigation. Class Counsel and Defendant also participated in a mediation session with an independent neutral third-party mediator, Christie Del Rey-Cone, Esq. Based upon input from the neutral third-party mediator, Ms. Del Rey-Cone, and the substantial risks of continued litigation, including the possibility that the litigation, if not settled now, might not result in any recovery whatsoever, or might result in a recovery that is less favorable and that would not occur for several years, Plaintiff’s Counsel, Plaintiff, and Defendant entered into this proposed settlement. Class Counsel is satisfied that the terms and conditions of this Agreement are fair, reasonable and adequate and that this Settlement Agreement is in the best interest of the Plaintiff and Class Members. 4. Payment to Class The Settlement Claims Administrator will calculate each Class Member’s settlement payment by taking (i) taking one half of the individual Class Member’s total earnings (exempting benefits or wage supplements as defined in NYLL § 198-c(2) which includes “reimbursement for expenses; health, welfare, and retirement benefits; and vacation, separation or holiday pay”) during the Settlement Period and (ii) dividing it by one half of the total earnings (not including holiday, vacation or other types of pay exempted from NYLL § 191) of the Settlement Class during the Settlement Period as the denominator. The denominator for each Class Member will be the same number. Such amount shall be the Class Member’s individual percentage allocation of the Net Settlement Fund. The Settlement Class Administrator shall then take each Class Member’s individual percentage allocation of the Net Settlement Fund to determine such Class Member’s share. After the Court enters final approval of the settlement and the settlement has become effective, the Claims Administrator will mail settlement checks to the individual Class Members that have submitted a timely claim form. The settlement payments will be mailed approximately 50 days after final approval of the settlement. The payment will be designated as 1099 miscellaneous non- wage income and reported to the appropriate tax authorities on an IRS Form 1099. Class Members will have 180 days after the mailing to cash their settlement checks, after which date the check will be voided and a stop-payment will be placed. 5. Procedures To receive a distribution from the settlement fund, you must timely complete and return the enclosed Claim Form and Release and an IRS Form W-9. The Claim Form and Release must be personally filed by the current or former employee who seeks to participate in the Settlement or someone with a legal right to act on his or her behalf. The Claim Form and Release and IRS Form W-9 must be properly completed, signed, and mailed, emailed or faxed to the Settlement Claims Administrator by [DATE], 2023 (the “Bar Date”). If 3 FILED: NASSAU COUNTY CLERK 05/11/2023 09:44 PM INDEX NO. 607329/2023 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/11/2023 you do not properly complete and timely submit this Claim Form and Release and an IRS Form W-9, you will not be able to receive any monetary distribution. In the event that you did not receive this Notice when mailed or can establish that you were unable to file a timely Claim Form due to factors such as change of address, military service, hospitalization, or other extraordinary circumstances, then the Claim Form and Release and IRS Form W-9 must be properly completed, signed, and mailed and postmarked, emailed or faxed to the Settlement Claims Administrator by [DATE], 2023 (“Late Bar Date”). If you do not properly complete and submit this Claim Form and Release and IRS Form W-9 by this deadline, if you qualify to submit by the Late Bar Date, you will not be able to receive any monetary distribution. You should keep in mind that if you do not opt out, and if you do not properly and timely complete and return the Claim Form and Release and IRS Form W-9 by the Bar Date (or Late Bar Date, if applicable), you will not receive a distribution from the settlement fund, but you will still be bound by the Release of all claims alleging that any wages were not paid in accordance with the frequency required by New York law between June 6, 2016 through March 15, 2022. If you timely return the enclosed form to the Settlement Claims Administrator so that it is received by email or fax or postmarked by [DATE], 2023, the Settlement Claims Administrator will make your payment after a Fairness Hearing as instructed by the Court. Additionally, if the Court grants final approval of the Settlement, this action will be dismissed with prejudice. Class Members who do not opt out will fully release and discharge Defendant from all claims alleging that any wages were not paid in accordance with the frequency required by New York law between June 6, 2016 through March 15, 2022. This means that you cannot sue, continue to sue, or be a party in any other lawsuit against Defendant regarding the claims resolved through the settlement arising during the time period of June 6, 2016 through March 15, 2022. The released claims also include interest on such claims, penalties, liquidated damages, attorneys' fees, expenses, and costs related to such claims. It also means that all of the Court’s orders will apply to you and legally bind you. However, by participating, you will be entitled to a share of the class settlement. 6. What is a service award? A service award is a payment to an individual to compensate them for their efforts to litigate a class action and for undertaking the risk associated with bringing a lawsuit. In this case, Plaintiff brought this action, provided documents and information to prosecute this litigation, appeared for mediation, and undertook the responsibility to ensure the Class Members received a fair and reasonable settlement in this litigation. For these efforts, Plaintiff will receive a service award of $30,000.00 from the total settlement sum, subject to the Court’s approval. If approved by the Court, Plaintiff will be giving Defendant a general release of any and all known and unknown claims against Defendant, even if such claims do not relate to the payment of wages, in exchange for the service award. The amount of the service award payment, if approved by the Court, will be taxed as 1099 miscellaneous non-wage income. 4 FILED: NASSAU COUNTY CLERK 05/11/2023 09:44 PM INDEX NO. 607329/2023 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/11/2023 7. How Do I Exclude Myself From The Settlement? If you do not wish to participate in this proposed settlement and want to keep the right to sue or continue to sue Defendant, on your own, for the legal claims in this case or that could have been brought in this case, then you must take steps to exclude yourself from this case. You should be aware that, to the extent the statute of limitation has not already expired, excluding yourself from the settlement will recommence the statute of limitations. This may affect your ability, if any, to assert an individual claim. If you intend to exclude yourself, you must mail, or email or fax, a written, signed statement to the Settlement Claims Administrator stating that you wish to opt-out of the settlement and include your name, address, and telephone numbers (“Opt-out Statement”). To be effective, the Opt-out Statement must be mailed to the Settlement Claims Administrator and postmarked by, or emailed and faxed by the Bar Date on [DATE], 2023. In that event that you did not receive this Notice when mailed or can establish that you were unable to file a timely Opt-out Statement due to factors such as change of address, military service, hospitalization, or other extraordinary circumstances, then the Opt-out Statement must be properly completed, signed, and mailed and postmarked, emailed or faxed to the Settlement Claims Administrator by the Late Bar Date on [DATE], 2023. Opt-out Statements must be sent to the following: Rust Consulting Inc. Re: Ferguson Enterprises Matter [ADDRESS] Email Address: [EMAIL ADDRESS] Fax No.: [FAX NUMBER] If you exclude yourself from the lawsuit and settlement, you will NOT be allowed to object to the settlement as described in paragraph 12 below. 8. If I don’t exclude myself from the settlement, can I sue Defendant for the same thing later? No. Unless you exclude yourself, you give up any rights to sue Defendant for claims released by the settlement, as stated above. Remember, the exclusion deadline is the Bar Date on [DATE], 2023 (or the Late Bar date on [DATE], 2023, if applicable). 9. If I exclude myself, can I get money from this settlement? No. If you exclude yourself, you will not receive any money from this settlement. 10. Do I have a lawyer in this case? The Law Office of Peter Romero PLLC, 490 Wheeler Road, Suite 250, Hauppauge, New York 11788, has been designated as legal counsel to represent the Class. These lawyers are called Class 5 FILED: NASSAU COUNTY CLERK 05/11/2023 09:44 PM INDEX NO. 607329/2023 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/11/2023 Counsel. You will not be charged separately for these lawyers. Class Counsel’s fees are being paid from the total settlement fund as part of the Agreement and subject to the approval of the Court. If you want to be represented by your own lawyer, you may hire one at your own expense. 11. How will the lawyers be paid? Class Counsel will ask the Court to approve payment of up to $1,100,000.00 (i.e. 33.33% of the settlement fund established by the Defendant) for attorneys’ fees, as well as an additional sum for litigation expenses and costs, to be paid from the settlement fund. The fees would pay Class Counsel for all work that they have performed in this action, including, among other tasks, engaging in discovery, investigating the facts, attending court conferences, participating in private mediation, and negotiating and overseeing the settlement. 12. How do I tell the Court that I don’t like the settlement? You can object to the settlement if you disagree with any part of it. You can give reasons why you think the Court should not approve it. The Court will consider your views. If the Court rejects your objection, you will still be bound by the terms of the settlement unless you submitted a valid and timely request for exclusion. To object, you must send a statement by letter saying that you object to the settlement and must submit a timely Claim Form and Release and IRS Form W-9. Your statement must include all reasons for the objection and any supporting documentation in your possession. Your statement must also include your name, address, and telephone number. If you wish to present your objection at the Fairness Hearing described below, you must state your intention to do so in your written objection. Your statement should be as detailed as possible, otherwise the court may not allow you to present the reasons for your objection at the Fairness Hearing that you did not describe in your written objection. Mail, email or fax the objection to the Settlement Claims Administrator at the address or fax number below. Your objection will not be heard unless it is mailed and postmarked, emailed or sent by fax by the Bar Date on [DATE], 20203 (or the Late Bar date on [DATE], 2023, if applicable) to the following: Rust Consulting Inc. Re: Ferguson Enterprises Matter [ADDRESS] Email Address: [EMAIL ADDRESS] Fax No.: [FAX NUMBER] The Settlement Claims Administrator will share your objection with Class Counsel and Defendant’s counsel. It will be filed with the Court. You may not object to the settlement if you submit a letter requesting to exclude yourself or “opt- out” of the settlement of the lawsuit. 13. What’s the difference between objecting and excluding? Objecting is simply telling the Court that you don’t like something about the settlement. You can object only if you stay in the Class by submitting a timely Claim Form and Release and IRS Form 6 FILED: NASSAU COUNTY CLERK 05/11/2023 09:44 PM INDEX NO. 607329/2023 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/11/2023 W-9. Excluding yourself from the settlement (“opting-out”) is telling the Court that you do not want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you. The Court will hold a Fairness Hearing on [DATE], 2023 to decide whether to approve the settlement. Class Counsel will answer questions the Judge may have. You do not have to come to the hearing, but you are welcome to do so at your own expense. If you send an objection, it is not necessary for you to come to Court to talk about it, but, subject to the Court’s approval, you may do so at your own expense or pay your own lawyer to attend. As long as you mailed your written objection on time, the Court will consider it. If you do attend the hearing, you will not be permitted to speak unless you timely object in writing as described above, notify the Court of your intention to appear at the fairness hearing and receive the Court’s approval to speak regarding your objection personally or through an attorney at your own expense. 14. When and where will the Court decide whether to approve the settlement? The Court will hold a Fairness Hearing at the Supreme Court of the State of New York, County of Nassau, Courtroom [ENTER ROOM NUMBER] at 100 Supreme Court Drive, Mineola, New York 11501, on [DATE], 2023 at [TIME]. The case is assigned to the Honorable [INSERT NAME], Justice of the Supreme Court. At this hearing the Court will consider whether the terms of the settlement are fair, reasonable, and adequate. If there are objections, the Court will consider them. The Justice will listen to people who have asked and received approval to speak at the hearing. The Court may also decide how much to award to Class Counsel as attorneys’ fees and costs. After the hearing, the Court will decide whether to approve the settlement. We do not know how long these decisions will take. 15. Are there more details about the settlement? If you have additional questions about the litigation or this settlement, you may contact the Settlement Class Administrator: Rust Consulting Inc. Re: Ferguson Enterprises Matter [ADDRESS] Email Address: [EMAIL ADDRESS] Fax No.: [FAX NUMBER] PLEASE DO NOT CALL OR CONTACT THE COURT, THE OFFICE OF THE CLERK OF COURT, OR DEFENDANT WITH QUESTIONS REGARDING THIS NOTICE. 7