Driver Provider $2.5 Million FSLA Class Action Settlement

If you are a current or former employee of The Driver Provider who performed chauffeur services in Arizona between December 6, 2016, and January 5, 2024, you may be eligible to claim a monetary award from a class action settlement.

The Driver Provider has agreed to pay $2,500,000 to settle a class action lawsuit for alleged violations of the Fair Labor Standards Act (FLSA) and the Arizona Minimum Wage Act.

Who can submit a claim?

The class members eligible to submit a claim are divided into two main groups:

• FLSA Collective Members: These are current and former employees of The Driver Provider who performed chauffeur services at any time from December 6, 2016, to January 5, 2024, and who submitted a consent to sue form on or before March 7, 2024.
• Rule 23 Class Members: These are current and former employees of The Driver Provider who performed chauffeur services in Arizona at any time from December 6, 2016, to January 5, 2024, and did not previously submit a request to be excluded from the Rule 23 Class.

Note that owners, managers, supervisors, dispatchers, or other employees whose primary job responsibilities were not the provision of chauffeur services are excluded from the Rule 23 Class.

How much can class members get?

The total settlement fund of $2,500,000 will be distributed among the eligible class members. The amount each class member can receive depends on their classification and the time period they worked.

The estimated Individual Settlement Awards are calculated as follows:

• FLSA Collective Members: Approximately 60.12% of the total FLSA unpaid overtime wages, times two, for the time period beginning three years prior to the filing of each FLSA Collective Member’s individual Consent to Sue form up through January 5, 2024, plus approximately 67.12% of the total FLSA unpaid minimum wages, times two, for the same period.
• Rule 23 Class Members: Approximately 67.12% of the total unpaid minimum wages under the Arizona Minimum Wage Act, times three, plus interest, from the start of their employment through January 5, 2024.
• Both FLSA Collective Members and Rule 23 Class Members: In addition to the amount calculated for FLSA minimum wages, they will receive approximately 67.12% of the amount of damages attributable to unpaid minimum wages under the Arizona Minimum Wage Act that exceeds the amount of the Individual Settlement Award for FLSA minimum wages.

Is proof required to submit a claim?

Proof is not required to submit a claim. The Settlement Administrator already has the necessary information to process the claims.

How to claim an award

To claim an award, you can file a claim online by visiting the online claim form.

How do I get paid?

Individual Settlement Awards will be paid by check or electronic funds transfer.

If you prefer an electronic transfer, provide your bank information on the online Claim Form.

If you do not provide bank information, the funds will be mailed to your last known address.

$2,500,000 Settlement Fund

The settlement fund of $2,500,000 will cover:

• Individual Settlement Awards for class members
• Service Awards for Named Plaintiffs ($20,000 each)
• Service Awards for Drivers who provided deposition testimony ($2,000 each)
• Individual Damages Awards for two Named Plaintiffs ($6,426.31 combined)

Class Counsel will receive attorneys’ fees and costs separately paid by The Driver Provider, estimated at $4.25 million for attorneys’ fees and $400,000 for costs and expenses.

Important dates

• Claim Filing Deadline: August 23, 2024
• Request for Exclusion Deadline: September 7, 2024
• Intent to Appear Filing Deadline: September 9, 2024
• Final Fairness Approval Hearing: September 23, 2024

When is the payout date?

The awards will be paid within twenty days after the Court’s approval becomes final, provided there is no appeal.

Why is there a class action settlement?

This class action settlement resolves claims that The Driver Provider violated the Fair Labor Standards Act (FLSA) and the Arizona Minimum Wage Act by failing to pay minimum wages and overtime to its employees.

What happens next?

The next steps include the Final Fairness Hearing on September 23, 2024, where the Court will determine whether the settlement is fair, reasonable, and adequate. If approved, the Settlement Administrator will distribute the awards to eligible class members.