Flock Freight Overtime Settlement Byam, et al. v. Flock Freight, Inc.

What is this lawsuit about?

Eleven former Sales Representatives (“Plaintiffs”) filed a lawsuit alleging that Flock Freight, Inc. and/or AuptiX, Inc. (“Flock Freight”) misclassified them and other Sales Representatives as exempt from overtime protections and failed to pay proper overtime wages under federal and California state wage laws. Plaintiffs also asserted that Flock Freight failed to provide proper meal and rest breaks, failed to timely pay all wages due during employment and upon separation, failed to provide timely, accurate, and itemized wage statements, and failed to reimburse Sales Representatives for required business expenses in violation of California law.

Flock Freight denies these allegations and the Court has not made any ruling on the merits of Plaintiffs’ claims. The parties have entered into a settlement with the intention to avoid further disputes and litigation with the attendant inconvenience and expense.

What is the settlement?

The Plaintiffs and Flock Freight have agreed to settle the lawsuit for a payment by Flock Freight of $1,850,000.00. Individuals covered by the settlement are current and former employees who worked for Flock Freight as an exempt-classified Sales Representative (1) in California from June 11, 2017 through November 5, 2021; and (2) in the United States from June 11, 2018 through November 5, 2021. You may view the settlement agreement in more detail, linked below.

If you are a member of the California Class and would like to exclude yourself from the settlement, please review the California Class notice you received, also linked below. If you are a member of the Fair Labor Standards Act (“FLSA”) collective and do not wish to participate in the settlement, you simply do not need to sign and cash the settlement check that will be issued to you.

When will I get my settlement payment?

The Court will hold a hearing on April 20, 2023 at 10:00 a.m. at The Superior Court of California, County of San Bernardino, Department S-26 at 247 West Third Street, San Bernardino, CA 92415 to determine whether to give final approval to the settlement. If the Court approves the settlement, and there are no appeals, settlement checks will be mailed within 36 days after the expiration date of the time for an appeal to have been filed. If there is an appeal, settlement checks will be mailed within 36 days after all appeals are resolved in favor of final approval of the settlement. 

If you need to submit a change of address, click here

Class Counsel Contact Information:

Melissa L. Stewart

Theanne Liu

OUTTEN & GOLDEN LLP

685 Third Avenue, 25th Floor

New York, NY 10017

Telephone: (212) 245-1000

FlockFreightSettlement@outtengolden.com