Fontaine Modification $1.6 Million Employee Wage Class Action Settlement, Who Qualifies, How to Claim and the November 27 Deadline

Fontaine Modification Company has agreed to pay up to $1,600,000 to settle a lawsuit claiming it did not pay hourly workers for all the time they worked and shortchanged their overtime. If you were an hourly, non-exempt Fontaine employee at any time from May 1, 2022 through September 1, 2026, you may be eligible for a payment. What you must do depends on where you worked:

• Workers outside Virginia must submit a Consent to Join and Claim Form by November 27, 2026.
• Virginia workers are included automatically and are paid without filing anything, unless they opt out by the same date.

Official settlement website: https://www.fmcsettlement.com/ Claim form (workers outside Virginia): https://www.fmcsettlement.com/Login (use the CPT ID and passcode printed on your notice)

Fontaine denies wrongdoing, and the court has not decided whether it did anything wrong. The court preliminarily approved the settlement on September 1, 2026. Final approval is still pending, and the hearing is set for December 7, 2026.

Fontaine Modification Settlement: Quick Facts

Item	Details
Case name	Boyd v. Fontaine Modification Company
Case number	3:25-cv-00293-MOC-DCK
Court	U.S. District Court, Western District of North Carolina, Charlotte Division
Judge	Hon. Max O. Cogburn Jr.
Named plaintiff	Matthew Boyd
Defendant	Fontaine Modification Company
Settlement amount	Up to $1,600,000 (see “What Does ‘Up To’ Mean?” below)
Who is eligible	Hourly-paid, non-exempt workers employed by Fontaine from May 1, 2022 through September 1, 2026
Official settlement website	https://www.fmcsettlement.com/
Claim form	https://www.fmcsettlement.com/Login (required only for workers outside Virginia)
Workers outside Virginia	Submit Consent to Join and Claim Form by November 27, 2026
Virginia workers	Paid automatically; opt-out deadline November 27, 2026
Objection deadline	45 days after the administrator mailed notice; confirm the exact date in your notice
Final approval hearing	December 7, 2026 at 9:30 a.m.
Settlement administrator	CPT Group, Inc.
Administrator phone and email	1-888-271-0760; [email protected]
Administrator mailing address	Boyd v. Fontaine Modification Company Settlement Administrator, PO Box 19504, Irvine, CA 92623
Status	Preliminary approval granted September 1, 2026; final approval pending

What Is the Fontaine Modification Lawsuit About?

Matthew Boyd, a former hourly worker, sued Fontaine on May 1, 2025. He claimed the company did not pay employees for all time worked and did not include all forms of pay, such as bonuses, when calculating the regular rate used for overtime. He sued under the federal Fair Labor Standards Act (FLSA), the Virginia Overtime Wage Act and the Virginia Wage Payment Act.

The settlement papers describe three groups of allegations:

• Unpaid work before and after shifts. Off-the-clock, pre-shift and post-shift work that was allegedly not paid. For example, if a worker had to complete a preparation task before clocking in and was not paid for it, that time could affect both wages and overtime. This is an illustration, not a finding that any worker did this.
• Timekeeping and rounding. Allegations about how hours were recorded and rounded.
• Incomplete overtime rate. Allegations that bonuses and other required pay were left out of the regular rate used to calculate overtime. Even when overtime is paid, an employee can claim underpayment if the rate used was too low.

The case was filed as a combined FLSA collective action and Rule 23 class action. The parties settled after mediation with an experienced wage and hour mediator. Fontaine denies the allegations, says it paid all wages due, and says it settled to avoid the cost and risk of more litigation. It also disputes that the claims should proceed as a collective or class action outside the settlement.

Laws Behind the Fontaine Settlement

Fair Labor Standards Act (29 U.S.C. § 201 et seq.). For covered non-exempt employees, 29 U.S.C. § 207(a) requires overtime of one and a half times the regular rate for hours over 40 in a workweek. Under § 207(e), the regular rate generally includes most bonuses and other pay, not just the hourly wage. For example, a worker paid $20 an hour who works 45 hours would ordinarily get five overtime hours at $30. If a qualifying bonus raises the regular rate, the overtime rate must rise too.

Compensable work time. Work an employer knows about, or has reason to know about, must generally be paid even if it happens outside scheduled hours (29 U.S.C. § 203(g); 29 C.F.R. §§ 785.11 to 785.13). The Portal-to-Portal Act (29 U.S.C. § 254) excludes certain preliminary and postliminary activities, which is a common point of dispute. Rounding is allowed only if it is neutral over time and does not systematically undercount hours (29 C.F.R. § 785.48(b)). Employers must keep accurate time records (29 U.S.C. § 211(c); 29 C.F.R. Part 516).

FLSA collective actions (29 U.S.C. § 216(b)). An FLSA collective action covers only workers who give written consent to join. That is why workers outside Virginia must submit a consent form. Remedies include unpaid wages and an equal amount in liquidated damages, plus attorneys’ fees, though employers can raise a good faith defense under 29 U.S.C. § 260. The limitation period is two years, or three years for willful violations (29 U.S.C. § 255).

Anti-retaliation (29 U.S.C. § 215(a)(3)). Employers may not retaliate against workers for taking part in an FLSA claim. The settlement notice also says Fontaine will not retaliate based on whether you take part.

Virginia Overtime Wage Act (Va. Code § 40.1-29.2) and Virginia Wage Payment Act (Va. Code § 40.1-29). Virginia law gives employees a private right to recover unpaid wages and overtime. Under § 40.1-29, remedies can include treble damages if the employer acted knowingly, and a longer limitation period than the FLSA. Virginia workers are covered through the Rule 23 class, not the FLSA collective.

Federal Rule of Civil Procedure 23. This governs class actions. A class member is included unless they opt out. Rule 23(e) requires the court to find a class settlement fair, reasonable and adequate, and Rule 23(h) governs attorneys’ fee awards. Courts also review FLSA collective settlements for fairness, which is the purpose of the December 7 hearing.

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Who Is Eligible for the Fontaine Settlement?

You fall into one of two groups.

Settlement Class (Virginia workers). All hourly-paid, non-exempt workers employed by Fontaine in Virginia at any time from May 1, 2022 through September 1, 2026.

Settlement Collective (everyone else). All hourly-paid, non-exempt workers employed by Fontaine anywhere else covered by the FLSA during the same period. People in the Virginia class are not in the collective.

Both current and former employees can qualify. Salaried or exempt employees and others outside the definitions should not assume they are covered. Anyone who filed a written consent to join the lawsuit before April 27, 2026 is already an opt-in plaintiff and does not need to file again. The court preliminarily approved the settlement on September 1, 2026, and the agreement’s period runs through that date.

How Much Is the Settlement Worth?

The gross fund is up to $1,600,000, not a guaranteed $1.6 million for workers. The employer’s share of payroll taxes is paid on top. These items come out first:

Deduction	Maximum
Attorneys’ fees and litigation expenses (combined)	$533,333.33 (one-third of the fund); expenses capped at $10,000
Settlement administration costs (CPT Group)	$20,000
Service award to Matthew Boyd	$5,000
Net Settlement Amount if all maximums are approved	About $1,041,666.67

The court may award less. Any unused fee amount goes back into the pool for workers.

How is the net amount divided?

The Net Settlement Amount is split 42% for the Virginia Settlement Class and 58% for the Settlement Collective. If all maximum deductions are approved, that is roughly $437,500 for Virginia and $604,167 for the collective.

Within each group, payments are pro rata. The administrator uses Fontaine’s payroll data to estimate each person’s allegedly unpaid wages (not counting liquidated damages or interest), divides it by the group total, and applies that percentage to the group’s share. More allegedly unpaid wages means a bigger check. Your estimated pre-tax payment should appear in your notice or claim form.

What does “up to $1.6 million” mean?

The Virginia class is paid automatically, but money tied to Virginia members who opt out stays with Fontaine. The collective portion is claims-made: money tied to collective members who do not submit a consent form also stays with Fontaine. Unpaid money left after the 45-day check window goes back to Fontaine within 15 business days. So the real payout depends on how many people claim and cash their checks. Not claiming does not raise anyone else’s share, so you cannot simply divide $1.6 million by the number of workers.

How Do I Get Paid If I Worked Outside Virginia?

If you are in the Settlement Collective and were not already an opt-in plaintiff, you must submit a Consent to Join and Claim Form by November 27, 2026. You can submit it by:

• The online form on the official settlement website: go to https://www.fmcsettlement.com/Login, enter the CPT ID and passcode printed on your notice, complete the form, submit it and keep a copy or confirmation
• First-class U.S. mail using the postage-prepaid return envelope in your notice
• Email
• Fax

Mailed forms count if postmarked by the deadline, and electronic forms count if sent by that date. If you lost your CPT ID or passcode, email [email protected] or call 1-888-271-0760. There is no fee to file, and you should not pay a third party to submit a form.

If you do not submit the form, you will not be paid and you will not release your FLSA claims.

How Do I Get Paid If I Worked in Virginia?

You do not need to do anything. If you were an hourly, non-exempt Fontaine employee in Virginia during the period, you are automatically in the settlement class and will receive a check unless you opt out. Virginia class members cannot use the collective claim portal or also opt into the collective. Staying in means you release your Virginia Overtime Wage Act and Wage Payment Act claims and related state wage and recordkeeping claims. Your FLSA release takes effect when your settlement check is issued.

When Will Payments Be Sent?

No payment date is set because the settlement is not final. The sequence in the agreement is:

1. The court holds the final approval hearing on December 7, 2026.
2. If approved, the settlement becomes effective once the time to appeal passes without an appeal, or any appeal is resolved.
3. Within 14 days after that, the administrator sets up a settlement fund, and within 30 days after that Fontaine deposits the money.
4. The administrator mails payments within 30 days after receiving the funds.

The Virginia class notice describes the timing slightly differently (45 days after the effective date), so check your own notice and the settlement website.

Cash your check quickly. Checks are valid for only 45 days from the date on the check. After that they can be canceled and the money goes back to Fontaine.

Fontaine Settlement Key Dates

Event	Date
Court preliminary approval	September 1, 2026
Consent to Join and Claim Form deadline (outside Virginia)	November 27, 2026
Opt-out deadline (Virginia)	November 27, 2026
Objection deadline	45 days after the administrator mailed notice; do not assume it is November 27, and confirm in your notice
Motion for final approval due	At least 10 days before the hearing
Final approval hearing	December 7, 2026, 9:30 a.m.
Payments	After final approval and any appeals; no date set

The court can move the hearing without notice to workers, so check the settlement website before the date.

How Are the Payments Taxed?

Payments are split between wages and non-wage amounts:

Group	Wages (W-2, taxes withheld)	Interest and penalties (Form 1099, no withholding)
Virginia Settlement Class	33%	67%
Settlement Collective	50%	50%

A Form 1099 does not mean the money is tax-free. You are responsible for any taxes owed. The lawyers and the administrator cannot give tax advice, so ask a tax professional how your payment affects you.

What Are My Options?

If you worked outside Virginia

• Submit the consent form by November 27, 2026. You are paid your share and release your FLSA claims related to this case.
• Do nothing. You get no payment and keep your FLSA claims. Your allocated share stays with Fontaine. Deadlines to sue still apply, so speak with a licensed attorney about your options.

If you worked in Virginia

• Do nothing. You are paid automatically and release the Virginia and FLSA wage claims described below.
• Opt out. You receive no payment, keep your Virginia and FLSA claims, and are not bound by the Rule 23 release. You also cannot join the FLSA collective settlement. Your request must be in writing and headed “Request for Exclusion from Settlement”; include your name, job title, address and telephone number; and be sent by first-class U.S. mail to the settlement administrator, postmarked by November 27, 2026. You cannot opt out by phone or email.

Object (anyone who stays in). You can tell the court you think the settlement or the lawyers’ fees are unfair. File a written objection with the court and serve it on both sides’ lawyers by the objection deadline. Include your name, job title, address, telephone number and every reason for your objection, since reasons you leave out are waived. If you want to speak at the hearing, say so in the objection. You cannot both opt out and object. If you try both, the administrator will contact you to ask which you want. Addresses listed in the notice:

• Court: Clerk of Court, U.S. District Court, Western District of North Carolina, 401 West Trade Street, Room 1200, Charlotte, NC 28202
• Plaintiff’s counsel: Eric Sands, Brown, LLC, 111 Town Square Place, Suite 400, Jersey City, NJ 07310
• Defense counsel: Becky M. Christensen, Thompson Coburn LLP, 505 N 7th St, St. Louis, MO 63101

Do not call the court, the clerk, Fontaine or its lawyers about the settlement. Use the administrator’s contact information instead.

What Am I Giving Up by Taking Part?

If you take part, you release Fontaine and related parties from wage claims based on the same facts as the lawsuit, up to the date of preliminary approval. That covers claims about off-the-clock work, rounding, pre- and post-shift work, recordkeeping, unpaid overtime and bonuses in the overtime rate, plus related interest, penalties and fees. The released parties include Fontaine’s parent and affiliated companies, including Marmon Holdings, Inc.

Collective members who file a consent form release FLSA claims. Virginia class members who do not opt out release both Virginia and FLSA claims, with the FLSA release taking effect when their check is issued. People who do not participate keep their claims. Read the full release in the Settlement Agreement before deciding, especially if you believe you have larger individual claims.

Who Are the Lawyers?

The court appointed Eric Sands of Brown, LLC and Brian L. Kinsley of Cox, Stansberry & Kinsley as class and collective counsel. They will ask the court to approve up to one-third of the settlement ($533,333.33) for fees and expenses combined, paid from the settlement fund and not by workers separately. Fontaine is represented by Thompson Coburn LLP.

Status of the Lawsuit

Date	Event
May 1, 2025	Matthew Boyd files the lawsuit
August 7, 2026	Settlement Agreement and Release filed
September 1, 2026	Judge Cogburn grants preliminary approval and conditionally certifies the class and collective for settlement purposes
November 27, 2026	Consent form and opt-out deadline
December 7, 2026	Final approval hearing

Preliminary approval does not mean the court found Fontaine liable. It lets the notice and approval process go forward.

Frequently Asked Questions

Is the Fontaine Modification $1.6 million settlement real?

 Yes. The case is Boyd v. Fontaine Modification Company, No. 3:25-cv-00293-MOC-DCK, in the Western District of North Carolina. The court granted preliminary approval on September 1, 2026, and final approval is pending.

Who is eligible?

 Hourly-paid, non-exempt workers employed by Fontaine from May 1, 2022 through September 1, 2026, current or former. The process differs for Virginia and non-Virginia workers.

Do I need to file a claim?

 Only if you worked outside Virginia. Those workers must submit a Consent to Join and Claim Form by November 27, 2026. Virginia workers are paid automatically unless they opt out.

What is the deadline? 

November 27, 2026, for both the consent form and the Virginia opt-out request. The objection deadline is separate, so check your notice.

How do I file the claim form? 

Use the online portal on the official website with the CPT ID and passcode from your notice, or send the form by mail, email or fax.

How much will I get?

 There is no flat amount. It depends on your allegedly unpaid wages compared with others in your group. Your estimated pre-tax payment should be in your notice.

Is the settlement really $1.6 million? 

It is “up to” $1.6 million. Money tied to people who do not claim, opt out or cash their checks stays with or goes back to Fontaine.

Has Fontaine admitted wrongdoing? 

No. Fontaine denies wrongdoing and says it paid all wages due.

When will checks arrive?

 No date is set. Checks go out after final approval and after any appeals end or the time to appeal expires, and are valid for 45 days.

When is the final approval hearing?

December 7, 2026 at 9:30 a.m. in the Charlotte Division of the Western District of North Carolina. The court can change the date, so confirm on the website.

Can I still sue Fontaine over the same wages if I don’t take part?

If you do not participate, you do not release those claims, but deadlines to sue apply. If you opt out, you keep your Virginia and FLSA claims. Speak with a licensed attorney.

I’m a current employee. Could Fontaine retaliate? 

The notice says Fontaine will not retaliate based on your decision either way, and federal law prohibits retaliation for FLSA claims.

How do I contact the administrator?

 CPT Group, Inc., PO Box 19504, Irvine, CA 92623; 1-888-271-0760; [email protected].

Related Reading

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• $670K Box Inc. Employee Wage Settlement, Did Box Shortchange Your Overtime Pay? File Claim Before May 11

Sources

1. Official settlement website, administered by CPT Group, Inc. https://www.fmcsettlement.com/
2. Settlement Agreement and Release, Boyd v. Fontaine Modification Company, No. 3:25-cv-00293-MOC-DCK, Doc. 46 (W.D.N.C. filed Aug. 7, 2026), with Exhibits 1 to 3 (collective notice, consent form and class notice). https://www.fmcsettlement.com/Content/Docs/Settlement%20Agreement%20and%20Release.pdf
3. Order Granting Preliminary Approval, Doc. 50 (W.D.N.C. Sept. 1, 2026). https://www.fmcsettlement.com/Content/Docs/Preliminary%20Approval%20Order.pdf
4. Important Dates page. https://www.fmcsettlement.com/Dates
5. Claim Form Login. https://www.fmcsettlement.com/Login
6. Contact the Settlement Administrator. https://www.fmcsettlement.com/ContactUs
7. U.S. Department of Labor, Fair Labor Standards Act resources. https://www.dol.gov/agencies/whd/flsa
8. Fair Labor Standards Act, 29 U.S.C. §§ 203, 207, 211, 215, 216(b), 254, 255, 260; 29 C.F.R. Part 516 and §§ 785.11 to 785.13, 785.48.
9. Va. Code §§ 40.1-29 and 40.1-29.2; Fed. R. Civ. P. 23.

Editorial note: This settlement remains subject to final court approval. Always confirm deadlines and instructions on the official settlement website or in your notice. This article is not affiliated with the settlement administrator, class counsel or Fontaine Modification Company. It is general legal information, not legal advice, and the author is a legal content researcher, not a practicing attorney. If you have questions about your rights, speak with a licensed attorney.