BRICKYARD SETTLEMENT

Notice of Lawsuit Settlement for Unpaid Wages in Prince v. Brickyard Healthcare, Inc. et al., S.D. Ind. Case No. 1:22-cv-01753

If you received a Notice and Check in the mail, you are one of approximately 1,096 current or former hourly employees of Defendants Brickyard Healthcare, Inc.; Brickyard LP; and Merrillville Operating, LLC (“Defendants”) eligible for payment from a settlement in the Prince lawsuit. This lawsuit involves Defendants’ alleged failure to properly calculate the overtime rate to include non-discretionary bonuses (such as an extra shift bonus) as required by the Fair Labor Standards Act (“FLSA”). Defendants deny the claims in the lawsuit. This lawsuit recently was settled and the assigned judge, Honorable Matthew P. Brookman, has ruled that the case can proceed on a collective basis and approved the settlement as fair and reasonable.
Under the settlement, all current or former Defendants’ employees covered by the settlement will receive payment for wages allegedly owed under the formula for regular rate calculations as outlined by the FLSA, as well as an equal amount in liquidated damages. The formula used essentially incorporates the non-discretionary extra shift bonuses you received into your regular rate of pay and then recalculates the required overtime wage. The payments provided by this settlement are based on the difference between the overtime wages determined by this formula and what you were actually paid as overtime during the relevant time period. The more non-discretionary extra shift bonuses you received and overtime you worked between September 2, 2019 and January 23, 2024, the higher your payment will be.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
CASH OR DEPOSIT CHECK	By depositing or cashing the enclosed check, you are agreeing to join this lawsuit and release Defendants and the other Released Parties from all claims relating to the alleged failure to include bonuses and incentives into the regular rate for the purposes of calculating overtime pay, arising or accruing prior to January 23, 2024. If you do not deposit or cash the check within 180 days of receipt, the check will no longer be valid and you will not participate in the Settlement or release any claims.
EXCLUDE YOURSELF	If you do not wish to participate in the Settlement or release your claims against Defendants, all you need to do is refrain from depositing or cashing the enclosed check. If you choose not to deposit or cash the check, you will not receive any money from the settlement.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

CASH OR DEPOSIT CHECK

By depositing or cashing the enclosed check, you are agreeing to join this lawsuit and release Defendants and the other Released Parties from all claims relating to the alleged failure to include bonuses and incentives into the regular rate for the purposes of calculating overtime pay, arising or accruing prior to January 23, 2024.

If you do not deposit or cash the check within 180 days of receipt, the check will no longer be valid and you will not participate in the Settlement or release any claims.

EXCLUDE YOURSELF

If you do not wish to participate in the Settlement or release your claims against Defendants, all you need to do is refrain from depositing or cashing the enclosed check. If you choose not to deposit or cash the check, you will not receive any money from the settlement.

These rights and options —and the deadlines to exercise them— are explained in the notice.