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Hourly-paid, nonexempt workers whom Fontaine Modification Co. employed at any time from May 1, 2022, through Sept. 1, 2026, may qualify to submit a claim for a cash payment from a class action settlement.
Fontaine Modification Co. agreed to pay $1.6 million to settle a class action lawsuit alleging it failed to pay employees for all time worked and did not include all forms of pay when calculating overtime rates.
Who are the class members?
The settlement includes two groups of class members:
- Class members: Class members are hourly paid, nonexempt employees who worked for Fontaine Modification Co. in Virginia any time between May 1, 2022, and Sept. 1, 2026. These class members do not need to submit a claim to receive a settlement payment.
- Collective members: Class members are hourly paid, nonexempt employees who worked for Fontaine Modification Co. in any state the Fair Labor Standards Act covers except Virginia between May 1, 2022, and Sept. 1, 2026. These class members must submit a claim to receive a settlement payment.
How much are settlement payments?
Pro rata cash payment: Eligible class members can receive a pro rata cash payment from the net settlement fund. The settlement administrator will determine the final payment amount by calculated unpaid wages.
The settlement allocates 42% of the net settlement fund to class members (Virginia employees). It allocates the remaining 58% of the net settlement fund to collective members (employees outside Virginia).
How to claim a class action rebate
Class members (Virginia employees) do not need to submit a claim to receive a payment.
Collective members (employees outside Virginia) can submit a consent form online or complete and the consent form they received with their notice and mail or email it to the settlement administrator.
Settlement administrator's mailing address: Boyd v. Fontaine Modification Co., c/o CPT Group Inc., PO Box 19504, Irvine, CA 92623
Settlement administrator's email address: FMCSettlement@cptgroup.com
The consent form deadline is Nov. 27, 2026.
Payout options
- Paper check mailed to the address on file
Settlement fund breakdown
The $1,600,000 settlement fund will include:
- Settlement administration costs: Up to $20,000
- Attorneys' fees and expenses: Up to $533,333.33
- Service award to lead plaintiff: $5,000
- Payments to eligible class members: Remaining settlement funds
Important dates
- Deadline to submit a collective member consent form: Nov. 27, 2026
- Deadline to opt out: Nov. 27, 2026
When is the Fontaine Modification wage-and-hour settlement payout date?
The settlement administrator will mail checks within 30 days after the court resolves any appeals and grants final approval to the settlement.
Why is there a class action settlement?
This class action lawsuit claimed Fontaine Modification Co. did not pay hourly, non-xempt workers for all time worked and failed to include all forms of pay in overtime calculations.
The company denies the allegations but agreed to settle to avoid the risk and expense of continued litigation.
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