Ashley Milano  |  August 9, 2016

Category: Closed Class Actions

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Kaplan-Class-Action

Kaplan Inc. has agreed to settle a class action lawsuit alleging the company violated the Fair Labor Standards Act (FLSA) by failing to pay its student representatives statutory minimum wages.

The collective action was brought by Sharon Freeman in 2014 in Illinois Federal Court, a former law student who was hired by Kaplan to work as a head (student) sales representative.

Freeman claimed that Kaplan improperly classified Head Student Representatives as independent contractors and failed to pay them minimum wage.

Kaplan’s arrangement with its law student representatives was common among prep providers. The company did not pay student workers money, but instead gave them “credits” that could be used towards courses.

Freeman earned enough credits to qualify for a free course, but in her case it was not by selling courses to other students. As head representative, she primarily helped the company’s regional director with setting up sales tables, posting/providing promotional materials to students, and other sales support activities.

During her year with Kaplan, she sold only one review course, and worked only approximately 55 hours.

Under the terms of the Kaplan Head Rep Settlement, if you worked for Kaplan as a Head Student Representative some time during the period of June 25, 2012 through Aug. 31, 2014, you may be eligible to claim both a $450 and $250 settlement payment, for a total of $700.

In consideration for her role in bringing the class action lawsuit, Freeman will receive $2,950.

Kaplan has denied and continues to deny all of the substantive allegations in the lawsuit but has agreed to settle Freeman’s claims in order to avoid further litigation and legal costs.

Who’s Eligible

Under the terms of the Kaplan Class Action Lawsuit Settlement, all persons who worked for Kaplan Bar Review as a Head Student Representative at any time between June 25, 2012 and Aug. 31, 2014 are eligible Class Members.

Potential Award

$250-$700.

Each eligible Class Member may receive up to $450 in total compensation if you worked for Kaplan Bar Review as a Head Student Representative apportioned as follows:

Time Period: June 25, 2013 – Aug. 31, 2014 : $225 for alleged unpaid wages, less all applicable federal, state, and local withholdings and $225 for alleged liquidated damages.

and/or

Time Period June 25, 2012 – June 24, 2013: $125 for alleged unpaid wages, less all applicable federal, state, and local withholdings and $125 for alleged liquidated damages.

Class Members may be eligible to receive both a $450 and $250 settlement payment for a total of $700 if they worked as a Head Student Representative during both of the listed time periods.

Proof of Purchase

N/A

Claim Form

Class Members must sign and send a Consent Form, Release of Claim Form, IRS Form W-4, and respective state tax withholding form to the Settlement Administrator either by fax or email no later than Sept. 8, 2016. If you do not have these forms but believe you are an eligible Class Member, contact the Settlement Administrator at 1-866-430-7162.

Claim Form Deadline

09/08/2016

Case Name

Sharon Freeman v. Kaplan Inc., Case No. 1:14-cv-10265, in the U.S. District Court for the Northern District of Illinois

Final Hearing

“The Court held a Final Approval Hearing to determine if the Settlement should be finally approved as fair, reasonable, and adequate. The Court was also asked to approve Class Counsel’s request for attorney’s fees and costs, administration costs, and the Enhancement Awards paid to the Class Representatives.”

Settlement Website

www.KaplanHeadRepSettlement.com

Claims Administrator

Kaplan Head Rep Settlement Administrator
c/o Rust Consulting Inc. – 5256
PO Box 3065004
Des Moines, IA 50306-5004
866-430-7162

Fax: 888-227-9829

Email: admin@KaplanBarReviewSettlement.com

Class Counsel

Mark Bulgarelli
PROGRESSIVE LAW GROUP LLC

Defense Counsel

SEYFARTH SHAW LLP

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.