This page provides the answers to class members’ most frequently asked questions.
The information provided is in summary form and is not intended as a complete explanation of your rights. For full and complete information, you are directed to review carefully the Notice.
No, you are not being sued.
Former employees sued Defendants claiming that Defendants failed to properly pay them and similarly situated employees. Defendants deny these allegations and believe that they paid all of their employees for all time worked.
The Class is defined as:
“Current and former hourly production Employees of Defendants Flex-N-Gate, LLC; Flex-N-Gate Royal Oak Corp.; Flex-N-Gate Royal Oak, LLC; Ventra Evart, LLC; and Ventra Salem, LLC (“Defendants”) who worked at the following locations of Defendants or affiliated entities: Ada, Oklahoma; Chicago, Illinois; Covington, Indiana; Evart, Michigan; Royal Oak, Michigan; Salem, Ohio; Sandusky, Ohio; Troy, Michigan; and Grand Rapids, Michigan, who worked forty (40) or more hours in at least one workweek from August 8, 2022, to February 25, 2026 (“Release Period”), and have not already joined this case by filing a consent to join form.”
The Parties agreed to this proposed settlement (“Settlement”) to avoid the burden, expense, inconvenience, and uncertainty of litigation. The Court preliminarily approved this settlement, but the Court has not made any ruling on the merits of the Plaintiffs’ claims, and no party has prevailed in this action. The Court in charge of this case still has to decide whether to finally approve the settlement. Payments will only be made if and when the Court grants final approval of the Settlement and after any appeals are resolved, if any. Please be patient.
The total settlement amount is $3,000,000.00.
If the settlement is approved, the Settlement Administrator will deduct from the settlement fund the amounts needed to cover approved attorneys’ fees, costs, settlement administration expenses, Service Awards, and discovery payments, and pay collective and class members from the remaining “Net Settlement Fund.”
The allocation formula preliminarily approved by the Court takes into account the number of weeks you worked during the Release Period compared to the total number of weeks worked by all Eligible Settlement Participants during the Release Period, with those that submit the Claim Form and Release receiving twice the pro rata share of those that do not.
Of the payment, half will be considered wages and taxes will be withheld, which will be reported on IRS Form W-2, and the other half will be considered non-wages, with no taxes withheld, and reported on IRS Form 1099.
To participate in the Settlement and receive a standard settlement payment, you do not have to do anything.
If the Court grants final approval of the Settlement and you do not submit an Election to Opt Out of Settlement and Class Action Form, you will be bound by the release of claims, and you will receive in the mail a settlement check representing your share of the settlement fund.
Also, and as mentioned in the previous FAQ, if you take the additional step of completing, signing, and timely returning the enclosed Claim Form and Release postmarked, emailed, or faxed by August 3, 2026, you will receive the previously described increased settlement award.
The Court has decided that the lawyers at Nilges Legal Group LLC are qualified to represent you and all individuals covered by this Settlement. These lawyers are “Class Counsel.”
You will not be charged for these lawyers because their fees and costs will be paid from the Global Settlement Fund as approved by the Court. These fees would compensate Class Counsel for investigating the facts, litigating the case, and negotiating the Settlement. Class Counsel will also ask the Court to approve payment for their out-of-pocket costs.
You do not need to retain your own attorney to participate in this Settlement.
Class Counsel’s information is:
Nilges Legal Group LLC
7034 Braucher St. NW, Ste. B
North Canton, OH 44720
www.ohlaborlaw.com
If you do not want to participate in the Settlement and wish to retain your right to pursue your own independent action, you must complete and mail the enclosed Election to Opt Out of Settlement and Class Action Form to the Settlement Administrator. The Settlement Administrator is Analytics Consulting LLC. Forms sent to the Settlement Administrator should be addressed to the Settlement Administrator as set forth in the “Contact Us” section of this website.
In order to be valid, your completed Election to Opt Out of Settlement and Class Action Form must be postmarked no later than August 3, 2026. If you timely submit an Election to Opt Out of Settlement and Class Action Form, you will not be eligible to receive any of the benefits under the Settlement. You will, however, retain whatever legal rights you may have against Defendants with regard to all of the released claims.
If you do not request exclusion from the Settlement but believe the proposed Settlement is unfair or inadequate in any respect, you may object to the Settlement by filing a written objection with the Court and mailing a copy of your written objection to the Settlement Administrator, which shall be postmarked no later than the Opt Out Response Deadline.
All objections must be signed and include your address, telephone number, and the name of the Lawsuit. Your objection should clearly explain why you object to the proposed Settlement and must state whether you or someone on your behalf intends to appear at the Final Approval/Fairness Hearing. The written objection must include: (i) your full name, address, and telephone number; (ii) your dates of employment with Defendants and job title(s) while there; (iii) a written statement of all grounds for the objection, accompanied by any legal support for such objection; (iv) copies of any papers, briefs, or other documents upon which the objection is based; (v) a list of all persons who will be called to testify in support of the objection; and (vi) a statement whether you intend to appear at the Fairness Hearing. If you intend to appear at the Fairness Hearing through counsel, the objection must also state the identity of all attorneys representing you who will appear at the Fairness Hearing. All objections must be filed with the Court, received by the Settlement Administrator, and postmarked by no later than August 3, 2026.
An objector has the right to appear in person at the Fairness Hearing, but is not required to do so in order to have their objections considered by the Court. If you submit a timely objection, you may appear, at your own expense, at the Final Approval Hearing, discussed below.
Anyone who does not object in the manner described above shall be deemed to have waived any objections, and shall forever be foreclosed from objecting to the fairness or adequacy of the proposed Settlement, the payment of attorneys’ fees, litigation costs, the Service Awards to the Plaintiffs, discovery payments, the claims process, and any and all other aspects of the Settlement. Likewise, regardless of whether you attempt to file an objection, you will be deemed to have released all of the Released Claims unless you request exclusion from the Settlement.
A hearing before the Court will be held on August 17, 2026, at Court of Common Pleas, Stark County, 115 Central Plaza N, Canton, OH 44702 (the “Fairness Hearing”). The Fairness Hearing may be rescheduled and/or converted to telephonic or video hearing without further notice to Class Members. Therefore, if you wish to attend, you should confirm hearing details with Class Counsel, or check this website, where any updates will be posted.
The purpose of this hearing will be for the Court to determine whether the Settlement is fair, adequate, and reasonable and if it should be approved by the Court. The Court will take into account any objections filed in accordance with the procedures described above.
You may email the Settlement Administrator at FlexNGateCase@noticeadministrator.com, or call at 844-965-2441.