Earlier this month, a Pennsylvania court approved a nearly $5 million overtime case settlement against The Brickman Group, now BrightView.

The class/collective action settlement resolves the case, Acevedo, et al. v. Brightview Landscapes, which was filed against Brickman Group in October 2013. It alleged the company underpaid overtime to its salary-paid supervisors by paying only half-time overtime pay under a “fluctuating workweek” pay plan. The result was a decreasing overtime rate the more hours the employee worked, rather than the default time-and-a-half overtime premiums, which allegedly didn’t comply with the Fair Labor Standards Act and state laws.

Judge Malachy Mannion of the U.S. District Court for the Middle District of Pennsylvania granted final approval of a $4.77 million companywide settlement between BrightView and the approximately 476 original opt-in plaintiffs and Pennsylvania class members and approximately 345 individuals, who did not originally join the case but accepted their settlement offers to join and participate in the settlement.

Judge Mannion’s final approval order recognized that plaintiffs had achieved “an excellent settlement” with a high level of participation constituting “an excellent result.”

The plaintiffs are represented by lead counsel C. Andrew Head of Head Law Firm with offices in Chicago and Atlanta, and co-counsel Shanon Carson and Sarah Schalman-Bergen of Berger & Montague’s office in Philadelphia.

BrightView declined to comment.