ANTHONY REED v BALFOUR BEATTY RAIL, INC., et al.

Case No. 8:21-cv-01846 in the United States District Court, Central District of California

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UNITED STATES DISTRIC COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA
Anthony Reed v. Balfour Beatty Rail, Inc., et al., No. 21 Civ. 1846

NOTICE OF PROPOSED CLASS ACTION SETTLEMENT AND HEARING

If Balfour Beatty Infrastructure, Inc."s ("Balfour's") records show that at any time between August 13, 2019 and February 28, 2022, you applied for employment with Balfour and were subject to a background check for employment purposes, you are entitled to a payment from this Settlement.

A federal court authorized the Notice. It is not a solicitation from a lawyer.

  • If you received notice, Balfour’s records indicate that you are a member of the Settlement Class as described in the Notice.
  • The notice relates to a settlement in a class action lawsuit alleging that Balfour violated the Fair Credit Reporting Act (“FCRA”) and California Investigative Consumer Reporting Agencies Act (“ICRAA”), based on the form Balfour used to disclose to employment applicants that Balfour sought to run a background check. Balfour denies that it violated the law. The two sides disagree as to whether Balfour’s conduct was permitted under the law. The parties, however, have agreed to resolve the lawsuit through a Court-supervised settlement.
  • Balfour has agreed to pay $330,000, which will be used to cover payments to Settlement Class Members, any applicable employer payroll taxes, Class Counsel’s attorneys’ fees and costs, and a service payment to the Plaintiff who brought the lawsuit and assisted with it. Separately, Balfour has agreed to pay an additional amount up to $20,000 to cover the costs of administering the Settlement.
  • Payments to Settlement Class Members will vary based on a number of factors described in the settlement documents. Depending on those factors, it is presently estimated that if you applied for employment in California, you could be eligible for a payment of up to approximately $1,300. If you applied for employment outside of California, you could be eligible for a payment of up to approximately $130. It is also possible payments could exceed these figures depending on the factors described in the settlement documents, such as the amount of court-approved expenses and fees and the number of Settlement Class Members who file claims.
  • This website provides additional details about the Settlement. You may also get additional information by contacting the Settlement Administrator at the address, e-mail address, or phone number identified in Paragraphs 9-10 below.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT:

SUBMIT A CLAIM FORM

You must submit a Claim Form by April 25, 2023, to receive payment under the Settlement. You will release the claims summarized in response to Question 8 below, and as more fully described in the settlement documents, which you can review at the Settlement Website or at the Court.

You can submit a claim form in the following ways: mail the claim form attached to your Notice, e-mail it, fax it, or submit via the Online Claim Submission page.

Should you submit a timely claim form, payments will be sent by mail unless you select electronic payment. You can select electronic payment either via the attached claim form or on the Settlement Website.

DO NOTHING

If you do not submit a Claim Form, you get no payment. You will release the claims summarized in response to Question 8 below, and as more fully described in the settlement documents, which you can review at the Settlement Website or at the Court.

EXCLUDE YOURSELF

If you wish to exclude yourself (“opt out”) from the Settlement, you must follow the directions outlined in Paragraph 9 below. If you request exclusion, you will receive no money from the Settlement. Your exclusion request must be postmarked or otherwise received no later than April 25, 2023.

OBJECT

If you wish to tell the Court that you believe the Settlement is not fair and reasonable, you may object to the settlement, following the directions outlined in Paragraph 10 below. You must object in writing in order to appear at the Fairness Hearing to speak to the Court about the fairness of the Settlement. Your written Objection must be postmarked no later than April 25, 2023.

These rights and options – and deadlines – are explained in the notice.

The Court in charge of this case still has to decide whether to give final approval to the Settlement. Class Member relief in the form of injunctive relief and/or payments will be made if the Court approves the Settlement and after appeals, if any, are resolved. Please be patient.