UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF VIRGINIA
Chittum v. National Lutheran, Inc. et al. (NLI)
Case No. 5:24-cv-00082-JHY-JCH

  

WELCOME

Welcome to the Home Page for the administration of the settlement in the case of Chittum v. National Lutheran, Inc. et al.  You have likely come to this website because you received a Notice of Settlement of Class and Collection Action Lawsuit, Allocation and Release (the “Notice”), informing you that you are eligible to participate in the settlement of the lawsuit.  This website, including the pages that you access by clicking on the drop-down menus at the top of this Home Page, provides you with important information about the lawsuit and about the steps you must take in order to participate in, opt-out, or object to the settlement.  Please pay attention to all deadlines in the Notice, Claim Form and other Important Documents. Your legal rights may be affected.

 

WHAT IS THIS LAWSUIT ABOUT? 

On October 11, 2024, litigation was initiated by Jessica Chittum (“Named Plaintiff”), on behalf of herself and others similarly situated, in the United States District Court for the Western District of Virginia against National Lutheran, Inc. d/b/a National Lutheran Communities & Services and The Legacy At North Augusta, Inc. (together “Defendants” or “NLI”) regarding claims of (1) failure to properly calculate overtime rates of pay when employees worked more than forty hours in a workweek and (2) failure to correctly incorporate shift differentials, non-discretionary bonuses, and similar forms of incentive pay in calculating overtime rates of pay (together, the “Overtime Rate Claims”). NLI denies the allegations and asserts, among other defenses, that Named Plaintiff and all others were properly paid, that NLI had a good faith basis for its pay practices, and that any violation of the overtime rules was not willful.

The parties have since reached a resolution through a court-approved settlement agreement (the “Settlement Agreement”), which provides monetary payments to members of the Settlement Collective who choose to participate in the settlement.

 

WHY DID I RECEIVE A NOTICE OF SETTLEMENT OF CLASS AND COLLECTION ACTION LAWSUIT, ALLOCATION AND RELEASE?

  • You have been identified as eligible to participate in a settlement of the above lawsuit.
  • You and others who are eligible to participate are called the Settlement Collective.
  • The purpose of the Notice is to inform you that you are eligible to participate in the settlement and to discuss your rights and options with respect to the underlying lawsuit and the settlement.
  • The Notice has been approved by the Court.
  • Your legal rights will be affected if you do not take action as set forth in the Notice.
  • A copy of a generic Notice can be accessed under the “Important Documents” tab at the top of this Home Page.  While the generic Notice contains much of the same information as the Notice you received, it does not contain your individual information, which can ONLY be found on your Notice.
  • When you click on the “Claim Form” tab on the drop-down menu above, you will need your unique ILYM ID to continue filing the form.  Your unique ILYM ID is found in the bottom righthand corner of your Notice.

 

WHAT IS THIS NOTICE ABOUT?

This Notice is to inform you that the Court has preliminarily approved the terms of the Settlement Agreement and has approved, for settlement purposes, distribution of this Notice to eligible members of the Settlement Collective, comprising current and former employees of NLI who worked overtime between October 11, 2021 and December 6, 2024, whose alleged unpaid overtime wages at issue exceed or equal one dollar. The Court has not decided whether NLI has violated federal or state law, and this Notice does not imply in any way any Court’s endorsement of Plaintiff’s claims. The Settlement Agreement is the result of arms-length negotiations between Named Plaintiff and NLI and their respective attorneys.  Both sides agree that the Settlement Agreement is fair and appropriate under the circumstances. 

The parties submitted the Settlement Agreement to the Court, who preliminarily approved the Settlement Agreement on January 22, 2025.

You are now being given the chance to join in the settlement. By joining the settlement and receiving your payment, you will release claims against Defendants, as explained in detail in the Notice. There are two releases, one covering Released Fair Labor Standards Act (“FLSA”) Claims, and one covering Released State Law Claims. 

 

IMPORTANT DATES

  • The deadline to submit a Claim Form, object to the settlement, or opt out of the case is March 16, 2026.
  • The Court will be holding a Fairness Hearing on April 16, 2026 at 10:00 a.m. at the United States District Court for the Western District of Virginia, 255 W. Main Street, Charlottesville, Virginia 22902.
  • Additional deadlines and information are found in the Notice.

 

MORE INFORMATION

For more information, you may click on the Important Documents tab for Court Documents or the Contact Us tab above to obtain information for the Settlement Administrator or Counsel for this matter.

If you have questions, you may contact the Claims Administrator, ILYM, or the attorney for the Plaintiff and the Settlement Collective, using the contact information below:

ILYM Group, Inc.
P.O. Box 2031
Tustin, CA 92781
Telephone: (888) 250-6810
Fax: (888) 845-6185
Email: info@ilymgroup.com

Timothy Coffield, Esq.
Coffield PLC
Mail Only: 300 East Main Street, Suite 100
Charlottsville, VA 22902
Phone: (434) 218-3133
Email: tc@coffieldlaw.com
www.coffieldlaw.com