Case Information
Hernandez v. Onin Group Midwest, LLC
In the Circuit Court of the Sixteenth Judicial Circuit, Kane County, Illinois
Case No. 21-L-000351
About This Case
IF YOU SCANNED YOUR FINGER IN FGS-IL, LLC’S TIMEKEEPING SYSTEM IN ILLINOIS BETWEEN JULY 20, 2016 TO FEBRUARY 16, 2023 WITHOUT FIRST EXECUTING A WRITTEN CONSENT, YOU MAY BE ENTITLED TO A PAYMENT FROM A CLASS ACTION SETTLEMENT.
This is an official court notice. You are not being sued. This is not an ad for a lawyer.
A proposed class action settlement has been reached in the case of Hernandez v. Onin Group Midwest, LLC and FGS-IL, LLC, Case No. 21-L-000351 pending in the Circuit Court of Kane County, Illinois. On May 2, 2023, the Court preliminarily approved the settlement and, by agreement of the parties, certified this lawsuit to proceed as a class action for settlement purposes only. If, between July 20, 2016 and February 16, 2023, you used a hand or finger or biometric identifier or biometric information at Defendant’s facilities within Illinois and did not provide written consent in advance, you are a member of the Settlement Class. Excluded from the Settlement Class are all those persons who timely and validly request exclusion. If you are a member of the Settlement Class, then you are entitled to compensation under the terms of the proposed Settlement.
You are included in the Settlement if you scanned your finger in Defendant FGS’ timekeeping system without prior consent when working for Defendant in the State of Illinois between July 20, 2016 and February 16, 2023.
If the Court approves the Settlement, members of the Class who submit valid claims will receive a cash payment from the $1,072,122.00 settlement fund that Defendant has agreed to establish. Each individual who submits a valid claim will receive a portion of this fund, after all notice and administration costs, the incentive awards, and attorneys’ fees – if approved by the Court – have been paid. Payments are estimated to be $518.56.
Please read this notice carefully. Your legal rights are affected whether you act, or don’t act.
CLASS MEMBERS’ LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
SUBMIT A CLAIM FORM | Members of the Settlement Class can choose to submit a claim to receive a Settlement Payment. This is the only way to receive a payment. You must submit a complete and valid Claim Form by mail by September 28, 2023. |
ASK TO BE EXCLUDED FROM THE CLASS | If you choose to exclude yourself (opt out), you will not be included in the Settlement. You will receive no benefits and you will not release any claims you may have against Defendant regarding the allegations in this case ever again. If you choose to exclude yourself, you must do so by August 4, 2023. |
OBJECT | If you wish to object to the Settlement, you must file your objection in writing with the Clerk of the Court, and send a copy of your objection to the attorneys for all Parties. If you exclude yourself from the Settlement, you cannot file an objection. Settlement Class Members who do not timely make their objections in this manner will be deemed to have waived all objections and shall not be heard or have the right to appeal approval of the Settlement. If you file an objection and wish it to be considered, you must also appear at the Final Approval Hearing, in-person or through counsel, to show cause of why the proposed Settlement should not be approved as fair, reasonable, and adequate. If you wish to object to the Settlement, you must do so by August 4, 2023. |
DO NOTHING | You will be included in the Settlement Class, but receive no benefits. You will be bound by the Court’s judgment of dismissal, and release claims against Defendant and Released Parties relating to the claims in this case. |
These rights and options—and the deadlines to exercise them—are explained in this notice.
The Court in charge of this case still has to decide whether to approve the Settlement. Payments will be provided only after any issues with the Settlement are resolved. Please be patient.
Important Dates