Fontaine Modification $1.6M Employee Class Action Settlement

Wage & Hour · Claims Open

Current Status

Claims are open for workers outside Virginia, and the deadline to submit a Consent to Join and Claim Form is November 27, 2026. Virginia workers do not file anything; according to the official settlement website, they are paid automatically unless they opt out by the same date. Judge Max O. Cogburn Jr. of the U.S. District Court for the Western District of North Carolina granted preliminary approval on September 1, 2026, and the final approval hearing is December 7, 2026 at 9:30 a.m.

What Changed Recently?

Judge Max O. Cogburn Jr. preliminarily approved the settlement in Boyd v. Fontaine Modification Company, No. 3:25-cv-00293, on September 1, 2026, and ordered notices mailed to workers within 30 days. The lawsuit, filed May 1, 2025, claims that Fontaine Modification Company failed to pay hourly employees for all the time they worked and left some pay out of the regular rate used to calculate overtime, in violation of the federal Fair Labor Standards Act and the Virginia Overtime Wage Act and Virginia Wage Payment Act. Fontaine Modification, which provides post-production modification services for heavy trucks, denies any wrongdoing and contends that all employees were paid all wages due.

Who Qualifies?

The settlement covers two groups of hourly-paid, non-exempt workers employed by Fontaine Modification Company at any time from May 1, 2022 through September 1, 2026:

• Virginia class: workers employed by Fontaine in the Commonwealth of Virginia. They are included automatically.

• Collective outside Virginia: workers employed by Fontaine anywhere else covered by the Fair Labor Standards Act. They must submit a Consent to Join and Claim Form to be paid. Workers who already filed a consent to join the lawsuit before April 27, 2026 do not need to file again.

How Much Can You Get?

Fontaine agreed to pay up to $1,600,000. After attorneys’ fees and litigation expenses of up to one-third of the fund ($533,333.33), settlement administration costs of up to $20,000 and a $5,000 service award to the plaintiff, the remaining money is divided 42% to the Virginia class and 58% to the collective outside Virginia. Within each group, each worker’s share is based on that worker’s allegedly unpaid wages as calculated from Fontaine’s payroll records. Notices mailed to workers state each person’s estimated payment.

The settlement is partly reversionary. Shares set aside for collective members who do not submit a consent form, and money from checks not cashed within 45 days, go back to Fontaine.

What Proof or Notice ID Is Required?

Virginia class members do not submit any form. Workers outside Virginia file the Consent to Join and Claim Form mailed with their notice, which can be returned by mail, email or fax, or submitted on the settlement website; the online form requires the CPT ID and Passcode printed on the notice. The settlement website says workers without a CPT ID or Passcode can contact the settlement administrator through the site. No receipts or pay records are required.

What Is the Deadline?

Consent to Join and Claim Forms are due November 27, 2026. Virginia class members who want to exclude themselves must mail a written request, postmarked by November 27, 2026. Objections are filed with the court within 45 days after the notices were mailed.

How Do You Take Action?

The official settlement website, run by the court-appointed administrator, CPT Group, Inc., has the consent form, important dates, the preliminary approval order and the settlement agreement.

What Happens Next?

The final approval hearing is December 7, 2026 at 9:30 a.m. before Judge Cogburn in Charlotte. Under the settlement agreement, Fontaine funds the settlement within 30 days after it becomes final, and checks are mailed within 30 days after that. Checks are valid for 45 days.

Sources and Verification

• Official settlement website, including its Important Dates page and court documents