TIMOTHY TANSKI V. AVALONBAY COMMUNITIES, INC.

U.S. DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK

DOCKET NO.: 15-CV-06260

If YOU WERE EMPLOYED BY AVALONBAY COMMUNITIES, INC. AS A NON-EXEMPT “MAINTENANCE EMPLOYEE” (DEFINED AS A MAINTENANCE SUPERVISOR, MAINTENANCE TECHNICIAN 1, MAINTENANCE TECHNICIAN 2, MAINTENANCE TECHNICIAN 3, GROUNDSKEEPER, HOUSEKEEPER, MAINTENANCE ASSISTANT, PORTER, POOL MAINTENANCE TECHNICIAN, RS MAINTENANCE ASSOCIATE, OR COMMUNITY COORDINATOR) AT ANY AVALONBAY PROPERTY IN NEW YORK STATE ANYTIME SINCE OCTOBER 30, 2009. YOU MAY BE ELIGIBLE TO RECEIVE A PAYMENT FROM A CLASS ACTION SETTLEMENT.

IF YOU HAVE PREVIOUSLY FILED A PLAINTIFF CONSENT FORM (“OPT-IN FORM”) IN THE CASE OF TIMOTHY TANSKI V. AVALONBAY COMMUNITIES, INC. (DOCKET NO. 15-CV-06260, U.S. DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK), YOU MUST STILL REVIEW THE NOTICE AND SUBMIT A SIGNED, VALID COPY OF THE ENCLOSED CLAIM FORM BY THE SPECIFIED DEADLINE TO BE ELIGIBLE TO RECEIVE A SETTLEMENT PAYMENT.

Important Dates

June 10, 2019 – Deadline to submit an Objection.

July 8, 2019 – Deadline to submit request for Exclusion.

August 8, 2019 at 11 am – Fairness Hearing.

July 8, 2019 – Deadline to submit Claim Form.

Current and former Maintenance Employees of AvalonBay Communities, Inc. (“Plaintiffs”) sued the company (“AvalonBay” or “Defendant”) claiming that it violated the federal Fair Labor Standards Act and the New York Labor Law. The Plaintiffs sought recovery of alleged unpaid overtime wages, damages for alleged violations of the New York Labor Law and the Fair Labor Standards Act and damages for Defendant’s alleged failure to provide accurate wage statements pursuant to the New York Labor Law.

The Plaintiffs and Defendant have entered into a settlement agreement regarding the above claims, subject to Court approval. Defendant has agreed to pay a total of $299,500.00 that will be used to pay current and former employees who qualify and attorneys’ fees and costs.

Defendant expressly contests and denies the allegations made by the Plaintiffs, and denies any liability or damages.

Your legal rights are affected whether you act or don’t act. Read the Notice carefully.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

SUBMIT A CLAIM FORM

This is the only way to get a payment.

In order to be eligible to receive the payment, you must submit a Claim Form by the deadline to:

Tanski FLSA Settlement

1650 Arch Street, Suite 2210

Philadelphia, PA 19103

Deadline:
July 8, 2019

EXCLUDE YOURSELF

You will receive no payment from the Settlement. This is the only option that allows you to ever be a part of any other lawsuit against the Defendant about the legal claims in this case.

Click Here for more information on excluding yourself.

Deadline:
July 8, 2019

OBJECT

You may write to the Court about why you object to (i.e., don’t like) the Settlement and think it shouldn’t be approved. Submitting an objection does not exclude you from the Settlement.

Click Here for more information on objecting the Settlement.

Deadline:
June 10, 2019

GO TO THE “FAIRNESS HEARING”

Ask to speak in Court about the fairness of the Settlement.

Hearing Date and Time:
August 8, 2019 at 11 a.m.

DO NOTHING

If you do nothing, you will remain part of the Settlement but will not receive a Settlement Benefit. You will also give up your right to object to the Settlement and you will be not be able to be part of any other lawsuit about the legal claims in this case.

N/A

These rights and options—and the deadlines to exercise them—are explained in more detail in the Notice.

The Court in charge of this Action has preliminarily approved the Settlement and must decide whether to give final approval to the Settlement. The relief provided to Class Members will be provided only if the Court gives final approval to the Settlement and, if there are any appeals, after the appeals are resolved in favor of the Settlement. Please be patient.