Frequently Asked Questions




1. What is this litigation about?

On September 17, 2024, Plaintiff Brandon Craig (“Craig”) filed his original Collective Action Complaint against Red Oak Sanitation, LLC and other defendants (“Red Oak” or “Defendants”) alleging a putative collective action under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. (“FLSA”) on behalf of all of Drivers and Helpers who were paid on a day rate basis for failing to properly pay overtime. Specifically, Plaintiff alleged that Drivers and Helpers day-rates included improperly accounted for hours of overtime, and as such, Defendants failed to pay the correct regular rate and overtime pay.

Plaintiffs’ counsel conducted a thorough investigation into the factual and legal issues raised in the litigation, including a review and analysis of Defendants’ policies as well as employees’ time and payroll records, and interviews of witnesses. The parties agreed to mediate the dispute. As a result of these efforts, the parties negotiated an agreement to resolve the claims asserted in the Litigation on behalf of the entire putative collective. The parties submitted their settlement agreement to the Court, which approved the settlement agreement on May 9, 2025.

Plaintiffs’ counsel, J. Daniel Cole and Evan P. Drew of PARKS, CHESIN & WALBERT, PC. believe that further proceedings in the Litigation against Defendants, including further motion practice, trial, and likely appeals, would be very expensive and protracted and uncertain as to the likelihood of success and amount of damages, if any. Therefore, upon careful consideration of all of the facts and circumstances, Plaintiffs’ counsel believes that the Settlement Agreement negotiated with Defendants is fair, reasonable, and adequate, and is in the best interest of the individuals who are eligible to participate (the “Releasing Persons”).

The Released Persons expressly deny any liability or wrongdoing of any kind associated with the claims in the Litigation. The Released Persons contend that they complied with applicable federal and state law at all times. By entering into the Settlement Agreement, the Released Persons do not admit any liability or wrongdoing and expressly deny the same. Defendants state that they entered into the Settlement Agreement solely for the purpose of avoiding the costs and disruption of further litigation.

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2. How can I participate in the settlement?

Although the Court has not determined if any violations of the law occurred, you may be eligible to participate in the settlement if you were employed by Defendants as a non-exempt Driver or Helper and paid under a certain day-rate pay plan during at any point in time between October 2, 2021, and January 31, 2025.

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3. What does the settlement provide?

A maximum total sum of up to $1,407,652.26 in this Litigation will be paid by Defendants to settle this matter. Plaintiffs’ counsel requested the Court approve payment from this fund for settlement payments, Plaintiffs’ attorneys’ fees, costs, and expenses, and a General Release Payment to Brandon Craig.

The amount of your potential settlement payment is printed in your Notice. It was calculated by applying a point system using the total workweeks worked by all potential collective action members to create a per week value which was then multiplied by the number of workweeks you worked as a non-exempt Driver or Helper and were paid under a certain day-rate pay plan during at any point in time between October 2, 2021, and January 31, 2025.

General Release Payment means the amount approved by the Court for payment to Craig to release all other claims Craig may have against Defendants.

The portion of each Final Settlement Payment allocated to claims of unpaid overtime and other claims for unpaid wages will be subject to authorized or required deductions, including employee-paid payroll tax withholdings required by law, garnishments, and tax liens. The Final Settlement Payment will be divided with fifty-percent (50%) of the Final Settlement Payment being reported on an IRS Form W-2 as wages and fifty-percent (50%) of the Final Settlement Payment being reported on an IRS Form 1099 for liquidated damages.

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4. How can I receive a settlement payment?

In order to receive a Final Settlement Payment, you must timely return a fully completed Claim Form and Release. by completing the Claim Form enclosed with your Notice so that they arereceived by September 27, 2025, at the address below in accordance with the instructions set forth in the Notice.

Craig v. Red Oak Sanitation
c/o Settlement Administrator
P.O. Box 26170
Santa Ana, CA 92799

Claim Form and Releases can also be submitted online here by using the Unique ID and PIN printed on your Notice. Claim Form and Releases submitted online must be completed by September 27, 2025.

Your Claim Form and Release must be received by the Settlement Administrator by September 27, 2025, in order to be deemed timely. If you lose, misplace, or need another Claim Form and Release, you may obtain another form by contacting the Settlement Administrator. The deadline for the submission or return of the Claim Form and Release so that the Settlement Administrator timely receives it is September 27, 2025.

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5. What happens if I do nothing?

If you do nothing in response to the notice, you will not receive any payments allocated to you from the settlement funds, you will not release any claims against Defendants and the funds attributed to your Final Settlement Payment will revert back to Defendants.

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6. What is the Release of Claims?

The Settlement Agreement contains a release. If you return the completed and executed Claim Form and Release, then You shall be deemed to forever completely settle, compromise, release, and discharge the Released Persons from (i) any and all claims asserted at any time in the litigation; (ii) any and all claims for unpaid wages, minimum wages, overtime, miscalculated wages, or any other wage-related or recordkeeping-related claims under any federal, state, local, or other applicable law, including but not limited to the FLSA, 29 U.S.C. § 201, et seq.,and any and all claims under federal, state, or local law and/or regulations regulating hours of work, wages (including minimum wages and overtime wages), the timing and/or payment of wages, retaliation, or recordkeeping of any kind; and (iii) any and all claims under any federal, state, local, or other applicable law for wages, minimum wages, overtime, miscalculated wages, improper deductions, hours worked, and/or missed or interrupted meal breaks. Nothing in this release of claims shall release any claims under state workers’ compensation laws or any claims that cannot be released as a matter of law.

You further covenant and agree that, since you are settling disputed claims, you will not accept, recover or receive any back pay, liquidated damages, other damages, penalties, or any other form of relief based on any of the Released Claims or any claims asserted or settled in the Litigation which may arise out of, or in connection with any other individual, representative, collective, class, administrative, or arbitral proceeding pursued by any individual(s), class, union, or any federal, state or local governmental agency against any of the Released Person. You further acknowledge that you are enjoined from pursuing any claim settled, compromised, released, and/or discharged as part of this settlement and that you have, had, might have or might have had against Released Persons based on any act or omission that occurred up to and including the Final Effective Date. You will not file, cause to be filed, or affirmatively join or opt in, as a class member, beneficiary or other participant in any lawsuit with respect to the subject matter of this Litigation or any other claim released under the release of claims and, if involuntarily joined in any lawsuit against any Released Person with respect to the subject matter of the Litigation or any other claim released under the Release of Claims, you agree to waive your right to any recovery that may result from such lawsuit or proceeding, and not to pursue claims on your own behalf. Notwithstanding the foregoing, nothing prevents or limits you from filing a charge or participating in an investigative proceeding of the Equal Employment Opportunity Commission or other governmental agency.

You hereby represent and warrant that nothing that would otherwise be released herein has been assigned, transferred, or hypothecated or purportedly assigned, transferred, or hypothecated to any person or entity, any claim or any portion thereof or interest therein, including, but not limited to, any interest in the litigation, or any related action. Upon the Final Effective Date of the settlement agreement, or upon such earlier date as a settlement payment has been issued to you, you will be deemed to have given this warranty.

You are bound by the terms and conditions of the Settlement Agreement, the Court’s Approval Order, the judgment, and the release set forth therein. You may view any of these documents at Important Documents.

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7. What are the Class Counsel’s Fees and Costs?

The Court awarded Plaintiffs’ counsel $565,580.00 as payment for their attorneys’ fees, costs and expenses incurred in connection with the Litigation subject to the settlement agreement. If you submit a Claim Form and participate in the Settlement, your pro rata portion of the amount approved by the Court for payment of Plaintiffs’ Counsel’s fees, expenses, and costs will be reported as income to you on an IRS Form 1099.

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8. How can I get Additional Information?

Questions about the settlement or requests for additional information should be directed to the Settlement Administrator at (888) 369-3780 or info@RedOakSettlement.com, and/or Plaintiffs’ counsel.

The pleadings and other records in the litigation may be examined at any time during regular business hours at the Office of the Clerk of the United States District Court for the Northern District of Georgia—Gainesville Division.

Please do not telephone or otherwise contact the Court for information regarding this settlement or the claim process

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