The Lawsuit asserts claims under the Fair Labor Standards Act (“FLSA”) and New York Labor Law (“NYLL”) alleging that EQX failed to properly compensate New York personal trainers for certain overtime and non-overtime hours worked; failed to provide New York personal trainers with the wage statements required under New York law; and unlawfully paid New York personal trainers on a biweekly basis.
EQX denies these allegations in their entirety and maintains that it paid all New York personal trainers properly for all hours worked, provided appropriate wage statements, and its biweekly wage payments were lawful. The Parties have entered into this Settlement to avoid further disputes and continued litigation with the attendant uncertainty, and expense. The Court has not made any ruling on the merits of the claims in the Lawsuit, and no party has prevailed in this action.
Your Legal Rights and Options | |
Choose to collect your share of the settlement | Class member who did not previously file a consent to join form in this action or withdrew or were dismissed from this action without prejudice, must complete and submit a Claim Form so that it is postmarked or otherwise returned to the Claims Administrator by June 12, 2025, in order to receive money from the Settlement. Class members who did previously file a consent to join form in this action and are currently an Opt-In Plaintiff, do not need to submit a Claim Form in order to receive money from the Settlement. Current Opt-In Plaintiffs will receive money from the Settlement unless they opt out. If you do not know whether or not you are currently an Opt-In Plaintiff, please contact Class Counsel at (516) 203-7180 or the Claims Administrator at (866) 675-2646. |
Choose not to participate in the settlement | Class members who did not previously file a consent to join form in this action or previously withdrew or were dismissed from the case without prejudice, and do not file a Claim Form will not participate in the Settlement Class members who do not participate in the Settlement will not receive any payment and will not be bound by the release of claims. Class member who previously filed a consent to join form and are currently an Opt-In Plaintiff in this case, will be included in the Settlement and be bound by the terms of the Settlement including the release of claims unless they opt out of the Settlement. Class members who opt-out of the settlement, will not be bound by the terms of the Settlement and will be free to pursue their own claims (if any) against EQX. However, they will not receive any payments pursuant to this Settlement and they will no longer be represented by Class Counsel. If you wish to bring an action on your own, you will need to retain an attorney or represent yourself. By opting-out you will automatically be excluded from the class – there is no discretion that will be exercised by the Court or by counsel as to the exclusion of those who properly request it. (Fed R. Civ.P.23(c)(2)(B)(v). |
Choose to object to the settlement | Class members who have not opted out of the Settlement, and wish to present objections to the proposed Settlement at the Fairness Hearing, must first do so in writing. If a class member objects to the settlement and wants to appear at the Fairness Hearing, they must say so in their written objection. Class members are not required to submit an objection. Written objections must be postmarked no later than June 12, 2025. |
Upcoming Important Dates
Claim Deadline
6/12/2025
Opt Out Deadline
6/12/2025
Objection Deadline
6/12/2025
Final Approval Hearing
6/25/2025