Court Approves $4.77 MM Overtime Case Settlement For Brickman Group (Now Brightview) Landscaping Supervisors Represented By Head Law Firm, LLC and Berger & Montague P.C.

"[A]n excellent settlement," [and] "an excellent result." Final approval Order entered Oct. 2, 2017.

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On October 2, 2017, Judge Mannion of the U.S. District Court for the Middle District of Pennsylvania granted final approval of a $4.77 million company-wide settlement between The Brickman Group Ltd. LLC (now Brightview Landscapes LLC) and the approximately 476 original opt-in Plaintiffs and Pennsylvania class members in Group 1, and the approximately 345 individuals in Group 2 who did not originally join the case but accepted their settlement offers to join and participate in the settlement. The class/collective action settlement resolves the case filed against Brickman Group in October, 2013, which alleged that Brickman Group underpaid overtime to its salary-paid Supervisors by paying only half-time overtime pay under a "fluctuating workweek" pay plan that resulted in a decreasing overtime rate the more hours that the employee worked, rather than the default time-and-a-half overtime premiums, in a manner that allegedly did not comply with the FLSA and state laws.

Judge Mannion's final approval Order recognized that Plaintiffs had achieved "an excellent settlement," with a high level of participation constituting "an excellent result," and acknowledged the "skill and efficiency of the attorneys involved in this case, on both sides."

Plaintiffs are represented by lead counsel C. Andrew Head of Head Law Firm, LLC, with offices in Chicago and Atlanta, and co-counsel Shanon Carson and Sarah Schalman-Bergen of Berger & Montague, P.C.'s office in Philadelphia. The case is styled Acevedo, et al. v. Brightview Landscapes, LLC (f/k/a/ The Brickman Group Ltd. LLC), No. 3:13-cv-02529-MEM (M.D. Pa.).

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