Court approves $4.7M OT case settlement for former Brickman supervisors

October 25, 2017 -  By

Earlier this month, a Pennsylvania court approved a nearly $5 million overtime case settlement against The Brickman Group, now BrightView.

The class/collective action settlement resolves the case,¬†Acevedo, et al. v. Brightview Landscapes, which was filed against Brickman Group in October 2013. It alleged the company underpaid overtime to its salary-paid supervisors by paying only half-time overtime pay under a “fluctuating workweek” pay plan. The result was a decreasing overtime rate the more hours the employee worked, rather than the default time-and-a-half overtime premiums, which allegedly didn’t comply with the Fair Labor Standards Act and state laws.

Judge Malachy Mannion of the U.S. District Court for the Middle District of Pennsylvania granted final approval of a $4.77 million companywide settlement between BrightView and the approximately 476 original opt-in plaintiffs and Pennsylvania class members and approximately 345 individuals, who did not originally join the case but accepted their settlement offers to join and participate in the settlement.

Judge Mannion’s final approval order recognized that plaintiffs had achieved “an excellent settlement” with a high level of participation constituting “an excellent result.”

The plaintiffs are represented by lead counsel C. Andrew Head of Head Law Firm with offices in Chicago and Atlanta, and co-counsel Shanon Carson and Sarah Schalman-Bergen of Berger & Montague’s office in Philadelphia.

BrightView declined to comment.

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Marisa Palmieri

About the Author:

Marisa Palmieri is an experienced Green Industry editor who's won numerous awards for her coverage of the landscape and golf course markets from the Turf & Ornamental Communicators Association (TOCA), the Press Club of Cleveland and the American Society of Business Publication Editors (ASBPE). In 2007, ASBPE named her a Young Leader. She graduated with a Bachelor of Science in Journalism, cum laude, from Ohio University’s Scripps School of Journalism.

1 Comment on "Court approves $4.7M OT case settlement for former Brickman supervisors"

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  1. martin woodward says:

    This is great news. But unfortunately as of 2 weeks ago the judge still had not authorized payment. So again we are being screwed