Frequently Asked Questions

1. What is this lawsuit about?

A former Rise Direct Support Professional in Arizona, Deion Anthony (hereafter “Named Plaintiff”), filed this Lawsuit on February 18, 2022, in the United States District Court for the District of Arizona on behalf of himself and other individuals working as Direct Support Professionals in Arizona. The Named Plaintiff alleged that the Rise Defendants named in the lawsuit (hereafter collectively referred to as “Rise”) failed to pay him, and others similarly situated, properly under the Fair Labor Standards Act (referred to as “FLSA”) and Arizona wage laws, including having failed to pay for all wages and all hours worked and failed to pay overtime and the minimum wage for hours worked. These claims for violations of the FLSA and Arizona wage laws are referred to in the Notice as the “Class Claims.” The Class Claims were certified by the Court to proceed as a collective and class action. The Defendants denied and continue to deny all Named Plaintiff’s allegations.

The Named Plaintiff and Rise have reached a Settlement Agreement that is designed to settle all claims for unpaid wages that were asserted or could have been asserted in the Lawsuit including the Class Claims.

If you are a Rule 23 Class Member, you may be eligible to participate in this Settlement if it is finally approved by the Court and any appeal rights have been exhausted.

If you previously submitted a Consent Form to Opt-In to the FLSA Collective Action portion of this lawsuit, you will receive a separate Notice with information regarding your FLSA claim in addition to the Rule 23 Notice.

2. Who is in the Class?

If you meet the following definition, you are a Rule 23 Class Member. If you do not meet this definition, you are not a Class Member even if a copy of the Notice was mailed to you.

“Rule 23 Class Members” includes current and former Direct Support Professionals who worked at Rise in Arizona between February 18, 2019, and February 23, 2024, who did not opt out of this Lawsuit and whose names are set forth on an exhibit to the Settlement Agreement identifying them as Rule 23 Class Members.

You may contact the Settlement Administrator, identified in FAQ 8, to verify if you are listed on the Rule 23 Class Member list.

If anyone meeting the definition of a Class Member has died, their Estate Representative may be entitled to receive the Class Member’s Individual Settlement Amount. The Estate Representative must complete and send an Estate Representative Form (Part 2 of the Claim and Information Form, as provided in the instructions to the Claim and Information Form). An Estate Representative is defined in the Settlement Agreement as “the court-appointed representative of any deceased Settlement Class Member or, in the absence of a court-appointed representative, the surviving spouse, or, in the absence of a surviving spouse, the surviving children, or in the absence of a surviving spouse or children, the surviving parents of the Settlement Class Member.”

3. How are individual Settlement Amounts calculated under the Settlement Agreement?

The total amount of the Settlement (which is defined as the “Settlement Amount” in the Settlement Agreement) is One Million Dollars ($1,000,000.00). This money will be used to pay the Class Members for their claims against Rise, the Named Plaintiff’s Service Award, the Named Plaintiff’s payment for Named Plaintiff’s Individual Retaliation Claims, and the Named Plaintiff’s and Class Members Attorneys’ Fee Award and Costs as explained further below.

Deductions from the Settlement Amount: Before the Settlement Amount is divided among the Class Members, amounts approved by the Court will be deducted including: (1) the amount necessary to pay for Attorneys’ Fee Award and Costs, up to $485,000.00; (2) up to $10,000.00 to Named Plaintiff as an Service Award based on the work performed by Named Plaintiff in conjunction with bringing this Lawsuit and assisting Class Counsel and to compensate him for his time and effort in making this settlement possible; and (3) up to $65,000.00 payment to the Named Plaintiff for Named Plaintiff’s Individual Retaliation Claims.

Allocation for Calculating Individual Settlement Amount: The Settlement Amount, less the Named Plaintiff Service Award, Attorneys’ Fee Award and Costs, and payment for Named Plaintiff’s Individual Retaliation Claims, shall be used to pay the Named Plaintiff and the Class Members for unpaid wages. The Net Settlement Fund will be divided among the approximately 4200 Class Members based on an allocation of each Class Member’s total settlement damages as calculated by Class Counsel.

The Individual Settlement Payments have been calculated uniformly by Class Counsel and applied uniformly to every Class Member. The allocation is derived from Named Plaintiff’s unpaid wage allegations in the Lawsuit and is based on Class Counsel’s analysis of the relative strengths and weaknesses of the Rule 23 Class Members and FLSA Opt-In Class Members’ unpaid wage claims that are settled herein. The allocation takes into account various factors based on the underlying FLSA and Rule 23 claims, including: alleged hazard pay and bonuses not paid, alleged overtime not compensated for, and alleged minimum wage not compensated for.

Individual Settlement Payments are calculated based on whether a Class Member is a FLSA Opt-In Class Member, a Rule 23 Class Member or both. Your estimated Rule 23 Individual Settlement Amount is listed on page 1 of the Class Notice. This amount was calculated based on a Court-approved allocation and takes into consideration Court approval of the requests for Attorneys’ Fees and Costs and a Named Plaintiff Service Award.

If you previously submitted a Consent Form to Opt-In to the FLSA Collective Action portion of this lawsuit, you will receive information regarding the Individual Settlement Amount of your FLSA claim in addition to the Rule 23 Notice.

Each Class Member is responsible for payment of their own taxes on all Individual Settlement Amounts: The Individual Settlement Amount you receive will be paid and reported as wages. You will receive an IRS Form W-2 for one-half (1/2) of your Individual Settlement Amount which will be reported as wages and an IRS Form 1099 for the remaining one-half (1/2) of your Individual Settlement Amount which will be for non-wage damages. You should consult with your tax professional regarding the reporting of your payment on your federal and state tax returns and the taxes you may owe as a result of receiving your Individual Settlement Amount and the manner in which that payment is reported to federal and state taxing authorities.

Other Terms: The Court must approve the Settlement as fair and reasonable before it can go into effect. If approved, all Rule 23 Class Members who do not elect to opt out of the Settlement will be deemed to have released any and all state law claims for damages, penalties and interest which were brought or could have been brought based on the unpaid wage allegations in the Collective and Class Action Complaint (Counts III and IV) through the date of entry of the Final Approval Order, regardless of whether such Settlement Class Members have losses entitling them to receive their respective Individual Settlement Amount. If the Settlement is approved, monies owed to Settlement Class Members will be mailed by the Settlement Administrator within 10 days after the Court’s approval becomes final and all appellate rights are exhausted as provided in the Settlement Agreement. In the event the Settlement is not approved by the Court or a Party exercises a right to call off or void the Settlement, the Parties will be returned to their previous positions in the Lawsuit and the case will proceed as if no Settlement Agreement had been reached.

4. What is my estimated individual Settlement Amount?

Based on the data provided to Class Counsel by Rise and calculations made by Class Counsel using that data, and after deductions for the amounts described in FAQ 3, your Rule 23 Individual Settlement Amount is estimated to be: $100.44.

Your actual Individual Settlement Amount may be higher or lower upon Final Approval of the Settlement depending on whether new or corrected data is provided or discovered.

If you previously submitted a Consent Form to Opt-In to the FLSA Collective Action portion of this lawsuit, you will receive information regarding the Individual Settlement Amount of your FLSA claim in addition to the Rule 23 Notice.

5. What are my options and what do I need to do to receive an individual Settlement Amount?

The chart below lists your options to respond to the Rule 23 Notice. These options are described in more detail below the chart. Please read this information carefully so you do not lose important rights.

To Receive Your Individual Settlement Amount if you are a Rule 23 Class Member you must submit a Claim and Information Form.

By filling out a Claim Form, you may receive an Individual Settlement Amount calculated pursuant to an allocation approved by the Court if you are a Settlement Class Member as set forth in FAQ 2. Even if you decide not to submit a claim, if you are a current or former Direct Support Professional who worked at Rise in Arizona between February 18, 2019 and February 23, 2024, you will be releasing any claims for unpaid wages in the Lawsuit brought under the Arizona Wage Statute through the date of entry of the Final Approval Order, which are alleged in Counts III and IV of the Collective Action and Class Action Complaint that you may have against Rise, Inc., and Rise Services, Inc., unless you opt-out of the Settlement (see below).

If you exercise this option, and your claim is valid and timely, and the Court approves the Settlement and the Settlement Effective Date (as that term is defined in the Settlement Agreement) is realized, you will receive your Individual Settlement Payment by check.

If you want to receive your money, it is also extremely important that you keep the Settlement Administrator informed of any changes in your address on the Change of Information (Part 1 of the Claim and Information Form) or through other approved means so the Settlement Administrator can mail your check to you.

Further, taxes must be withheld from the wage portion of your award. Taxes will be withheld and reported by the Settlement Administrator based on the single rate.

You can submit a Claim Form by mail, email to the Settlement Administrator, identified in FAQ 8, or online through this website here. The deadline to submit a Claim Form is August 23, 2025.

To Exclude Yourself from the Settlement: If you do not want to participate in the Settlement you may elect to opt-out of the settlement by timely and properly submitting a letter to the Settlement Administrator stating that you elect to “opt-out” of the Settlement. Your letter must include your name, address, date, and the statement “I want to be excluded from the Rise Settlement.” If you request to be excluded you will NOT receive the estimated Individual Settlement Amount set forth above or any portion of the Settlement Fund, you will not be bound by the Settlement Agreement and you will remain free to pursue whatever claims you may have against Defendants and the other Released Parties on your own subject to any applicable limitations or defenses that may be asserted against you. To be valid, your request to be excluded must be postmarked no later than August 1, 2025, or must be submitted by that date to the Settlement Administrator online as provided in the instructions that follow.

To File an Objection to the Settlement: If you choose to participate in the Settlement but think that any of the terms of the Settlement are unfair, you may mail a letter to the Settlement Administrator at the address listed below explaining the terms that you think are unfair with a detailed explanation of why you believe the settlement is unfair. Your letter must include:

• Your full name, address, and telephone number;

• If you are represented by an attorney other than Class Counsel, the attorney’s full name, address, and telephone number;

• A signed declaration that you are a member of the Settlement Class;

• A written statement of all grounds for the objection;

• A statement of whether you intend to appear at the Fairness Hearing; and

• If you intend to appear at the Fairness Hearing through counsel, the objection must also identify the attorney representing you who will appear at the Fairness Hearing.

Your objection should include any supporting legal argument the Class Member wishes to bring to the Court’s attention and all evidence the Class Member wishes to introduce in support of the objection. To be considered by the Court, your objection must be postmarked no later than July 25, 2025. If you wish to address the Court personally during the Final Fairness Hearing (explained below in FAQ 7) to state your objection, you must indicate that you would like to speak at the Final Fairness Hearing in your letter and then submit your objection to the Settlement Administrator or to the Court by July 25, 2025. If the Court rejects your objection, you will still be bound by the terms of the Settlement Agreement. You cannot object to the terms of the Settlement Agreement if you exclude yourself from the settlement.

Do Nothing: If you choose to do nothing, you will not receive your Individual Settlement Amount. If the Settlement is approved, you will be deemed to have released any and all claims under the Arizona Wage Statute for damages, penalties and interest which were brought or could have been brought based on the unpaid wage allegations in the Collective and Class Action Complaint (Counts III and IV) through the date of entry of the Final Approval Order. You will not be able to pursue a lawsuit against Rise or the other Defendants based on the unpaid wage claims. If you select this option to do nothing, any monies you otherwise would have been entitled to will be first used to pay the Settlement Administrator’s costs and then, if any monies remain, $10,000 will be distributed cy pres to the National Institute of Workers’ Rights, a non-profit organization that works to advance workers’ rights, and then, if any monies remain, to pay Rise’s Employer Payroll Taxes, and then, any remainder will also be paid to the National Institute of Workers’ Rights.

Regardless of whether you receive an Individual Settlement Amount, you will be bound by the Settlement if you do not exclude yourself from the Settlement as described above

6. When will individual Settlement Amounts be paid?

If the Settlement is given final approval by the Court and after any appeals rights have been exhausted, your Individual Settlement Amount will be paid within 10 days of the date all appeal rights are exhausted. This means that the Individual Settlement Amount will be mailed approximately 40 days after the date the Court grants Final Approval of the Settlement, provided there are no appeals.

If any Settlement Class Member does not cash his or her settlement check provided reasonable efforts have been made to locate the Settlement Class Member, the Individual Settlement Amount which goes uncashed will be used to pay the Settlement Administrator’s Costs, and then, if any monies remain, $10,000.00 will be distributed cy pres to the National Institute for Workers’ Rights, a non-profit organization that works to advance workers’ rights, and then, if any monies remain, to pay Rise’s Employer Payroll Taxes, and then, any remainder will also be paid to the National Institute of Workers’ Rights.

NO RETALIATION

Whether you decide to participate in this Settlement, not to participate in this Settlement by opting out, or participate and file an objection, you are free to make your choice without coercion or duress and without fear of retaliation. Rise is prohibited by law from retaliating against you in any way for your participation or lack of participation in this Settlement.

7. What will the Court make a final decision about the Settlement?

The Court will hold a Final Fairness Hearing on August 15, 2025, to consider whether the Settlement is fair, reasonable, and adequate for all of the Class Members and to decide the Named Plaintiff’s application for a Service Award and Class Counsel’s request for Attorneys’ Fees and Costs. The Court will consider any objections that Class Members timely and properly submit and make a decision whether to approve the Settlement. The hearing will be held in front of the Honorable G. Murray Snow, District Judge, at 10:30 a.m. in the morning at:

Sandra Day O’Connor United States Courthouse
Courtroom 602, 6th Floor
401 W. Washington Street
Phoenix, Arizona 85003

The date and time of the Final Fairness Hearing may be continued by Order of the Court to a different date and time without further notice. If you plan to attend, please check this website or contact the Settlement Administrator to make sure the Final Fairness Hearing date and time has not changed. You do NOT need to attend the Final Fairness Hearing. However, you have the right to attend if you want. You can also speak in favor of or against the Settlement at the Final Fairness Hearing but only if you timely and properly request to do so.

8. Where can I obtain further information?

This website and the Notice provide only a summary of the Settlement Agreement. If you would like to see a full copy of the Settlement Agreement, you may download a copy Settlement Agreement, or you may contact the Settlement Administrator at:

Anthony v Rise Services Inc., et al.
c/o Settlement Administrator
P.O. Box 26170
Santa Ana, CA 92799
Telephone: (833) 360-6878
Email: info@RiseSettlement.com

If you have questions about the Settlement, or want a copy of the Settlement Agreement, you may also contact Class Counsel at:

Ty Frankel
Patricia Syverson
Frankel Syverson PLLC
2375 E. Camelback Road, Suite 600
Phoenix, Arizona 85016

Please do not contact the Clerk of the Court, the Judge, Rise or Rise’s attorneys with questions about the Settlement. They cannot answer questions.