Frequently Asked Questions

BASIC INFORMATION

1. Why was this notice issued?

This notice explains that a Court has allowed, or “certified,” this case as a class action lawsuit that may affect you if you are a current or former Direct Support Professional who worked for Rise Services Inc. in Arizona from February 18, 2019, through February 23, 2024. If this describes you, you may have legal rights and options before the Court decides whether the claims being made against Rise on your behalf are correct.

Judge G. Murray Snow of the United States District Court for the District of Arizona is overseeing this Lawsuit, Deion Anthony, on behalf of himself and all those similarly situated, v. Rise Services Inc., Case No. CV-22-00268-PHX-GMS and has determined that it can proceed as a class action.

2. What is this lawsuit about?

On February 18, 2022, Plaintiff Deion Anthony filed a Complaint in the United States District Court, District of Arizona against Rise. Plaintiff was employed as a Direct Support Professional for Rise in Arizona. Plaintiff Anthony alleges that he and other employees who worked as Direct Support Professionals for Rise in Arizona are owed unpaid compensation under the Arizona Wage Statute, A.R.S. §23-350 and §23-363, including alleged unpaid compensation for off the clock work (including regular wages and overtime wages pursuant to the FLSA), hazard pay, bonuses, holiday pay and unpaid minimum wage.

If Plaintiff is successful in proving his claims, Plaintiff seeks to recover damages, on behalf of himself and other employees who worked as Direct Support Professionals for Rise in Arizona, in the amount of the unpaid compensation they have allegedly been denied, pre- and post-judgment interest on the amount of compensation allegedly denied, treble damages, an award of reasonable attorneys’ fees, costs and expenses, and such other relief as the Court may deem proper.

In the lawsuit, Rise denies all allegations in Plaintiff’s Complaint and asserts that it has properly compensated employees, and that no additional wages are owed to Plaintiff or the Class Members.

On December 21, 2023, the Court ruled that this case may proceed as a class action, and certified a class for claims alleged under the Arizona Wage Statute, A.R.S. §23-350 and §23-363, described as:

All current and former Rise Services employees who worked as Direct Support Professionals in Arizona from February 18, 2019, to the date Notice is distributed (the “Class Members”).

The Court also ordered that Plaintiff Deion Anthony may serve as a representative of the class described above. The Court’s order certifying the Class does not predict or guarantee that Class Members will receive any money or benefits; that will be decided later in the Lawsuit. In certifying this case as a class action, the Court made no decision as to the merits of the Plaintiff’s legal claims or Rise’s defenses.

Please note that the Court’s order certifying the Class is conditional and may later be changed after the parties exchange evidence and the Court rules on various legal matters. In fact, the Court may even decertify the Class at any time before the Lawsuit is over. If the Court’s order certifying the Class is not later revoked or decertified by the Court, all orders of this Court, whether good or bad for Plaintiff, will be binding on any Class Member who does not opt out or exclude themselves. This includes any judgments entered by the Court, whether or not favorable to the Class, will be binding on all Class Members who do not exclude themselves.

3. What is a class action and who is involved?

In a class action, one person called a “Class Representative” (in this case, Deion Anthony) sues on behalf of all people who have similar claims. Together, these people are called a “Class” or “Class Members.” The person who sued—and all Class Members like him—is called a “Plaintiff” and Rise Services Inc. is called a “Defendant.”

The Court will resolve the issues for all Class Members, except for those who exclude themselves from the Class. Members of the Class might receive money and other benefits if they stay in the Class but will be bound by the determinations of the case, whether positive or negative, with regard to the claims asserted by the Class Representative.

4. Why is this lawsuit a class action?

The Court decided that this lawsuit could move towards a trial as a class action because it meets the requirements of Rule 23 of the Federal Rules of Civil Procedure, which governs class actions in federal court. For instance, the Court found that:

• There are legal questions and facts that are common to each of them;

• The Class Representative’s claims are typical of the claims of the rest of the Class;

• The Class Representative and the lawyers representing the Class will fairly and adequately represent the interests of the Class; and

• A class action would be a fair, efficient and superior way to resolve this lawsuit.

5. Has the Court decided who is right?

The Court has not decided which side is right. By establishing the Class and ordering that this Notice be provided, the Court is not suggesting that Plaintiff will win or lose this case. Lawyers for Plaintiff must prove their case at a trial. A trial date has not yet been set.

6. What is Plaintiff asking for?

Plaintiff seeks to recover money from Rise, on behalf of himself and other employees who worked as Direct Support Professionals for Rise in Arizona, in the amount of the unpaid compensation they have allegedly been denied, pre- and post-judgment interest on the amount of compensation allegedly denied, treble damages, an award of reasonable attorneys’ fees, costs and expenses, and such other relief as the Court may deem proper.

7. Is there any money available now?

No money is available now because the Court has not yet decided whether Rise did anything wrong and the two sides have not settled the case. There is no guarantee that money will ever be obtained. If it is, Class Members will be notified about how to ask for a share.

WHO IS IN THE CLASS

8. Am I part of this class action?

You need to decide whether you are part of the Class and if so, whether you wish to remain in the Class. The Court has defined the Class to include:

All current and former Rise Services employees who worked as Direct Support Professionals in Arizona from February 18, 2019, to the date Notice is distributed (the “Class Members”).

9. I am still not sure if I am included.

If you are still not sure whether you are included, you can call (888) 406-4982, send an email info@riseclassaction.com or write to Simpluris, Inc. at P.O. Box 26170, Santa Ana, CA 92799, for more information.

YOUR RIGHTS AND OPTIONS

10. What happens if I do nothing at all?

By doing nothing, you are staying in the Class. You do not have to do anything now if you want to keep the possibility of getting money from this lawsuit. If you stay in and Plaintiff obtains money either as a result of the trial or a settlement, you will be notified about how to ask for a share. Keep in mind that if you do nothing now, regardless of whether Plaintiff wins or loses the trial, you will not be able to sue, or continue to sue, Rise—as part of any other lawsuit—about the same legal claims that are the subject of this lawsuit. You will also be legally bound by all orders the Court issues and judgments the Court makes in this class action and agree to allow Class Representative, Deion Anthony, to make decisions which affect your interests as a Class Member in this lawsuit.

11. Didn’t I already get a notice about this?

Yes, earlier in this litigation you may have received a notice regarding your rights and obligations regarding potential claims you may have under the FLSA against Rise. This notice is different because it concerns potential claims you may have under the Arizona Wage Statute as part of a Rule 23 class action. Any decisions you made in regard to the earlier FLSA notice are separate and apart from your Rule 23 rights as set forth in this notice. The rights and obligations set forth in the FLSA notice are binding on your FLSA claims. Your decision with regard to this notice has no impact on, and will not be impacted by, your decision regarding whether to opt in to the FLSA collective action against Rise. To pursue your rights under the FLSA, you would have had to follow the instructions contained in the FLSA Notice you previously received regarding this case.

12. What happens if I ask to be excluded?

If you exclude yourself from the Class—which also means to remove yourself from the Class and is sometimes called “opting-out” of the Class—you will not be eligible to receive money as a result of this lawsuit if Plaintiff obtains money as a result of the trial or from any settlement (that may or may not be reached) between Rise and Plaintiff. However, you will retain whatever rights you currently have with regard to possible individual claims you may have against Rise, you will not be bound by any judgment in this case, and Deion Anthony will not represent you as a member of the Class in this case.

You are entitled to contact legal counsel of your choice to discuss your rights as they may be affected by this matter or as otherwise related to your employment with Rise.

13. How do I ask to be excluded?

To exclude yourself from the Class, you must send a letter that says you want to be excluded from Anthony v. Rise. Include your name, address, telephone number, and signature. You must submit a request for exclusion by mail to Simpluris, Inc. at P.O. Box 26170, Santa Ana, CA 92799, no later than April 8, 2024. This is a firm deadline. You may also email your request to be excluded from the Class by sending your email message to info@riseclassaction.com on or before the deadline.

IF YOU DO NOT EXCLUDE YOURSELF BY THE DEADLINE ABOVE, YOU WILL REMAIN PART OF THE CLASS AND BE BOUND BY THE ORDERS OF THE COURT IN THIS LAWSUIT.

THE LAWYERS REPRESENTING YOU

14. Do I have a lawyer in this case?

The Court has appointed the following lawyers to represent you as “Class Counsel.” The Court has found that these attorneys meet the adequacy requirement of the relevant rules to represent the class in this matter.

15. Should I get my own lawyer?

You do not need to hire your own lawyer because Class Counsel are working on your behalf. If you want your own lawyer to represent you in this litigation, you may have to pay that lawyer. You can ask him or her to appear in Court for you in this case if you want someone other than Class Counsel to speak for you.

16. How will the lawyers be paid?

If Class Counsel obtains money or other benefits for Class Members, they may ask the Court for fees, costs and expenses. You will not have to pay any of these fees, costs and expenses. If the Court grants their request, the fees, costs and expenses would be deducted from any money obtained for Class Members or paid separately by Rise.

THE TRIAL

17. How and when will the Court decide who is right?

If the case is not dismissed or settled, Class Counsel will have to prove Plaintiff’s claims at a trial. A trial date has not yet been set. During the trial, the Judge and/or a jury will hear all of the evidence, so that a decision can be reached about whether Plaintiff is right about his claims in the lawsuit. Plaintiff will have to prove his claims. There is no guarantee that Plaintiff will win or that he will get money for the Class.

Class Counsel will present the case for Plaintiff, and the lawyers for Rise will present their defenses. You and/or your own lawyer are welcome to come, at your own expense.

18. Will I get money after the trial?

If Plaintiff obtains money as a result of the trial or a settlement, you will be notified about how to ask for a share or what your other options are at that time. These things are not known right now but will be provided as it becomes available.

GETTING MORE INFORMATION

19. Are more details available?

Visit the website at www.RiseClassAction.com, where you will find the Court’s Order Granting Motion for Class Certification, Plaintiff’s Complaint and Defendant’s Answer to the Complaint. For more information, you may call (888) 406-4982, send an email to info@riseclassaction.com or write to Simpluris, Inc. at P.O. Box 26170, Santa Ana, CA 92799.