Robert W. McPherson v. Seek Now, Inc.
Collective Action Settlement
If you received this notice, Seek Now’s records show you worked as an inspector — sometimes called a “Seeker” — between July 25, 2022 and May 30, 2026, and you may be eligible to take part in a settlement of claims for unpaid overtime under the federal Fair Labor Standards Act. To receive a settlement payment, you must submit a Consent to Join and Claim Form by the deadline shown below.
Important Date
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Deadline to submit your Consent to Join and Claim Form
Your Consent to Join and Claim Form must be postmarked, emailed, or submitted electronically to the Settlement Administrator by this date to be timely and valid. If you do not submit a timely form, you will not receive a settlement payment.
Dates are subject to change; please check this website for updates.
About This Settlement
Why did I receive this notice?
Named Claimant Robert McPherson sued Seek Now, Inc. (“Seek Now”) on behalf of himself and other inspectors — sometimes called “Seekers” — who worked for Seek Now. The lawsuit alleges that inspectors did not receive overtime pay as required by the federal Fair Labor Standards Act (“FLSA”), which requires employers to pay time-and-a-half for hours worked over 40 in a workweek. Because Seek Now classified Seekers as independent contractors, it did not pay them overtime for hours worked over 40 in a workweek. Mr. McPherson alleges that inspectors are actually employees and therefore may be owed overtime.
Seek Now denies the allegations, denies that it has any liability to the Named Claimant or to any other current or former inspectors, and contends that it has always properly classified Seekers as independent contractors.
The parties nevertheless participated in a mediation, negotiated, and reached a settlement that fully and finally resolves the lawsuit’s allegations for those who participate, without the time and expense of further litigation. The parties agreed to seek approval of the settlement from an Arbitrator, Michael L. Russell, who has extensive experience in wage claims under the FLSA and state law. Arbitrator Russell considered the settlement and approved it.
According to Seek Now’s records, you worked as an inspector between July 25, 2022 and May 30, 2026 (the “Settlement Period”) and did not execute an arbitration agreement waiving the right to proceed on a collective or class basis. This makes you eligible to participate in the settlement.
What does the settlement provide?
The settlement requires Seek Now to pay a total of up to $4,750,000.00. This amount includes all attorneys’ fees, out-of-pocket costs incurred to pursue the claims, the costs of sending notice and administering the settlement, and a $15,000.00 general release payment to Mr. McPherson. The funds remaining after these approved amounts are paid are allocated proportionally, based on the number of weeks each inspector worked during the Settlement Period.
Your individual estimated recovery is printed on the notice you received. A settlement payment will only be paid to inspectors covered by the settlement who have either already joined the case by filing a consent form, or who timely file a Consent to Join and Claim Form in response to this notice.
The settlement is a compromise. It allows the parties to avoid the costs and risks of further litigation and provides money to those who choose to participate without significant delay. In reaching this settlement, Seek Now has not admitted that it violated any law and maintains that it has at all times acted within the law.
What is the general release payment?
Named Claimant Robert McPherson is giving up more rights and claims than other inspectors who receive a settlement payment. Under the settlement, Mr. McPherson is required to waive any claims he may have against Seek Now, not just those related to overtime wages. In exchange for this broad release and waiver, Seek Now has agreed to pay Mr. McPherson $15,000 to compensate him for giving up any claims he may have against Seek Now.
Your Options and Rights
| Your option | What it means |
|---|---|
Submit a Consent to Join and Claim Form |
If you submit the Consent to Join and Claim Form by the deadline shown in the Important Dates above, you will receive a settlement payment as explained in this notice, subject to final approval. Your estimated settlement recovery is printed on your individual notice. |
Do nothing |
If you do nothing, you will not receive any portion of the settlement, but you will preserve any rights you have. Your statute of limitations, however, will continue to run. |
Making a Claim
How do I claim settlement funds?
To make a claim and receive a payment, you must sign and return the Consent to Join and Claim Form to the Settlement Administrator, ILYM Group, Inc. You can do this in any of the following ways:
- Online: submit your form through the secure portal on the Claim Form page of this website.
- By email: send the completed form to claims@ILYMgroup.com.
- By U.S. Mail: Seek Now Settlement, c/o ILYM Group, Inc., P.O. Box 2031, Tustin, CA 92781.
As part of the settlement, you are agreeing to waive any and all wage or wage-related claims you may have under state or federal law. Once a settlement payment is sent to you, you will have 180 days to cash your check.
What if I do not want to participate?
If you do not wish to participate in this settlement, you do not need to do anything. You will not be part of the settlement, and you will keep any rights you have to bring wage claims against Seek Now. If you do not timely submit a Consent to Join and Claim Form, you will not be entitled to receive a settlement payment.
Your Lawyers
Do I have a lawyer in this case?
If you timely submit a Consent to Join and Claim Form, attorneys from Barrett Johnston Martin & Garrison, PLLC and Sanford DeRose Trial Lawyers, LLP will be your lawyers, called “Class Counsel.” They are:
- David W. Garrison and Joshua A. Frank — Barrett Johnston Martin & Garrison, PLLC, 200 31st Ave. North, Nashville, TN 37219, (615) 244-2202.
- Robert E. DeRose and Anna Doren — Sanford DeRose Trial Lawyers, LLP, 681 High Street, Worthington, OH 43085, (614) 388-8165.
How will the lawyers be paid?
Class Counsel will ask for one-third (1/3) of the settlement funds as attorneys’ fees for their work in this case and their work to administer the settlement, plus their out-of-pocket costs and expenses advanced on behalf of the claimants. You will not be charged separately for these lawyers’ services. These fees and costs are subject to review and approval by the Arbitrator.
Legal Effect & More Information
What is the legal effect of this settlement?
If you join this case by timely submitting an executed Consent to Join and Claim Form, you will be giving up your right to assert claims for wages against Seek Now arising out of or relating to your work as an inspector, as described more fully in the Settlement Agreement.
Specifically, you will be deemed to have fully and forever released Seek Now and its shareholders, corporate parents, corporate siblings, subsidiaries, predecessors, and otherwise related entities — including any of their affiliates, members, officers, directors, employees, representatives, successors, and assigns (collectively, the “Releasees”) — from any and all FLSA claims and other wage-and-hour claims under federal, state, local, or common law, known or unknown, that could have been brought in this action to recover unpaid overtime or minimum wages based on the allegations in the complaint.
How do I obtain more information?
This notice summarizes the most important aspects of the settlement. More detail is in the Settlement Agreement, which you may review by writing or calling the Settlement Administrator and asking for a copy. Documents are posted on the Important Documents page. If there is any conflict between the Settlement Agreement and this notice or the Consent to Join and Claim Form, the terms of the Settlement Agreement control. You may also contact Class Counsel — see the Contact page.
What if my name or address changes?
If your name, mailing address, email address, or telephone number changes after you submit your Consent to Join and Claim Form, you must notify the Settlement Administrator immediately. Contact details are on the Contact page.
Do not contact the Arbitrator regarding this settlement. The Arbitrator must remain neutral in this matter and cannot offer you advice or respond to questions. If you have questions, contact the Settlement Administrator or Class Counsel from the Contact page.