In a “Collective Action,” one or more people called “Named Plaintiffs” sue on behalf of people who have similar claims. The other SRs who have similar claims who opt in to the Collective Action will become “Collective Members.” You may opt in to the Collective Action and participate in the settlement of the lawsuit by signing and returning the enclosed Consent to Join and Release Form.

Otsuka has agreed to pay up to $908,099.57 into a fund to pay Collective Members’ settlement payments, Court-approved attorneys’ fees and costs of $310,064.90, Court-approved General Release Payments totaling $5,000.00 to Named Plaintiff in exchange for a full general release of his individual claims only, and the fees and costs of the Settlement Claims Administrator. Otsuka has agreed to pay the Employer’s share of payroll taxes separately in addition to the fund.

After deducting the Court-approved attorneys’ fees and costs, Court-approved General Release Payments, and the fees and costs of the Settlement Administrator, the remaining amount will be divided among current and former SRs who are covered by the settlement, based on the number of weeks they worked as SRs in training during the periods covered by the settlement. Settlement checks which are not cashed within 120 days of issuance will be null and void.

Based on the formula that has been approved by the Court, in exchange for properly executing and timely returning your Consent to Join and Release Form, you are estimated to receive the amount stated in the Notice, half of which is subject to deductions for applicable taxes and withholdings like any other paycheck, and for which you will receive a W-2; and half of which will be reported on an IRS Form 1099. The final amount to which you may be entitled may be higher or lower than the estimated amount.

The settlement allocation formula takes into account the number of weeks you worked as a SR in training during the period covered by the settlement according to Otsuka’s records. The Settlement Agreement contains the exact allocation formula. You may obtain a copy of the Settlement Agreement by following the instructions in Paragraph 9, below.

To get your payment, you must fully complete the a Consent to Join and Release Form and mail it to the Settlement Claims Administrator postmarked no later than February 27, 2024. You may also e-mail or fax the Consent to Join and Release Form to the Settlement Claims Administrator, or submit it electronically online by clicking here, so that it is received no later than February 27, 2024. The Settlement Claims Administrator’s complete contact information is:

Otsuka SR Settlement Claims Administrator
c/o A.B. Data, Ltd.
P.O. Box 173132
Milwaukee, WI 53217
Phone: 877-354-3805
Facsimile (414) 961-7646
E-mail: info@OAPSettlement.com

If you return a properly completed Consent to Join and Release Form to the Settlement Claims Administrator by the deadline, you will be sent a settlement check after all appeals have been exhausted.

You will be sent a check within approximately five months of submitting your Consent to Join and Release Form. Please be patient.

You will not become a member of the Collective Action and participate in the settlement unless you return a properly completed Consent to Join and Release Form by the deadline. Once you become part of the Collective Action, you cannot sue, continue to sue, or be a party in any other lawsuit against Otsuka about any of the claims at issue in this case or any other federal, state and/or local wage and hour claims. Specifically, you will release Otsuka and its past and present subsidiaries, affiliates, parents and joint venturers and each of their past and present officers, directors, employees, attorneys, benefit plans, plan administrators, and agents, as well as each entity’s or individual’s successors and assigns (collectively the “Released Parties”) from: any and all wage and hour claims that accrued during your employment as an SR while engaged in training, relating back to the full extent of the FLSA Covered Period and continuing through July 27, 2023, including, without limitations, all state and federal claims for unpaid overtime wages, and related claims for penalties, interest, liquidated damages, attorneys' fees, costs, and expenses. It also means that all of the Court’s orders will apply to you and legally bind you.

The Court has decided that the lawyers at the law firm of the Shavitz Law Group, P.A. are qualified to represent you and all Collective Action Members. These lawyers are called “Plaintiffs’ Counsel.” You will not be charged for these lawyers. You can find more information about Plaintiffs’ Counsel at: www.shavitzlaw.com.

Otherwise, if you have any questions, you may contact Plaintiffs’ Counsel at:

Gregg I. Shavitz
Paolo Meireles
Tamra C. Givens
Shavitz Law Group, P.A.
951 Yamato Rd, Suite 285
Boca Raton, FL 33431
Telephone: (561) 447-8888
SLG@shavitzlaw.com

You do not need to retain your own attorney in order to participate in the settlement. However, if you want to be represented by your own lawyer, you may hire one at your own expense.

The Court has approved payment of $302,699.86 for attorneys’ fees for Plaintiffs’ Counsel. These fees will compensate Plaintiffs’ Counsel for investigating the facts, litigating the case, and negotiating the settlement. The Court also has approved reimbursement to Plaintiffs’ Counsel of $7,365.04 for their out-of-pocket costs.

The notice summarizes the proposed settlement. More details are in a Settlement Agreement. If there is any discrepancy between this notice and the Settlement Agreement, the terms of the Settlement Agreement will control. You can obtain a copy of the Settlement Agreement by sending a request in writing to the Settlement Claims Administrator at the contact information listed in Paragraph 4, above. Alternatively, you can contact your lawyers at Shavitz Law Group, P.A. at the contact information listed at Paragraph 7, above.