The U.S. District Court for the Western District of Pennsylvania has authorized this Notice. Read it carefully!
It is not junk mail, spam, an advertisement, or solicitation by a lawyer.
Please read this entire Notice carefully. Your rights may be affected by the settlement described in this Notice.
Plaintiffs Julie Delk, Michelle Roldan, and Amy Babcock ("Named Plaintiffs") and Automated Health Systems, Inc. ("Defendant") are parties to Delk, et al. v. Automated Health Systems, Inc., Case No. 2:24-cv-00802 (the "Lawsuit"), which was pending in the United States District Court for the Western District of Pennsylvania (the "Court"). Named Plaintiffs alleged that hourly Customer Service Representatives ("CSRs") were underpaid because they were not paid for all hours worked — including, but not limited to, pre-, mid-, and post-shift activities of loading and logging into computer systems, and overtime hours — and that a time rounding system previously used by Defendant was unlawful, in violation of the Fair Labor Standards Act ("FLSA") and state wage laws.
Defendant denies each and every allegation and contends that Plaintiffs and the members of the Settlement Collective were provided all compensation required by law. The Court has not made any ruling on the merits of the claims or defenses. The Collective Representatives and Collective Counsel believe the settlement is fair, adequate, and reasonable and in the best interest of the Settlement Collective.
The settlement obligates Defendant to pay up to a total settlement amount of One Million Eight Hundred and Seventy-Nine Thousand Dollars ($1,879,000.00). This includes $1,166,666.67 to be paid to participating collective members (the "Net Settlement Amount"); Collective Counsel's attorney fees of $626,333.33 and up to $30,000.00 in litigation costs; up to $35,000.00 in settlement administration costs; and $21,000.00 in service awards to the Named Plaintiffs. Each participating member's Individual Settlement Amount will be calculated based on Defendant's payroll records, in proportion to the number of full or partial work weeks worked during the relevant time (June 3, 2021 to February 6, 2026), and allocated 50% as wages and 50% as non-wage compensation.
This is a collective action under the FLSA. Only those CSRs who affirmatively elect to participate by submitting a timely Consent to Join Form and Release will be entitled to receive any benefit from the settlement. If you work or worked for Defendant during the relevant period, you have two basic options:
If you execute and return the Consent to Join Form and Release, you will be bound by a limited wage and hour release of all claims between June 3, 2021 and February 6, 2026 that were raised in the Lawsuit for Defendant's alleged failure to pay overtime wages under the FLSA, and any state or local law related to the payment of wages, as well as any claim for unjust enrichment or breach of contract (the "Released Wage and Hour Claims").
The settlement is administered by ILYM Inc., an experienced collective action Settlement Administrator. Any questions concerning the matters contained in this Notice may first be directed to the Settlement Administrator. The Settlement Administrator may also direct you to Collective Counsel for assistance.
c/o ILYM Group, Inc.
P.O. Box 2031, Tustin, CA 92781
Telephone: (888) 250-6810
Fax: (888) 845-6185
claims@ilymgroup.com
www.ILYMGroup.com/AHS
Charles R. Ash, IV — Ash Law, PLLC
Oscar Rodriguez — Rodriguez Law PLC
402 W. Liberty Street, Ann Arbor, MI 48103-4388
Jonathan K. Cohn, Esq.
Stember Cohn & Davidson-Welling, LLC
425 First Avenue, 7th Floor, Pittsburgh, PA 15219
Please direct all questions to the Settlement Administrator using the contact information above.
For more detailed information, you may refer to the pleadings, Orders, and other papers filed in the Lawsuit, which may be inspected at the Office of the Clerk of the U.S. District Court for the Western District of Pennsylvania during regular business hours. Visit the Important Documents tab for Court Documents or the Contact Us tab above for the Settlement Administrator and Counsel for this matter.