JAMES G. CARR, District Judge.
This matter comes before the Court following the Consent Order entered regarding Conditional Certification and Court-Authorized Notice Under 216(b) of the FLSA. The Plaintiffs and Defendants have agreed to the form of the Notice and Consent forms attached hereto as Exhibit 1 and to all other procedural matters related to the issuance of the Notice, including:
The Court hereby authorizes the Notice and Consent forms attached as Exhibit 1 for distribution to potential opt-in Plaintiffs by U.S. mail and/or email using the procedures described above. The Court further approves notice recipients to electronically sign and submit their Consent forms to Plaintiffs' counsel via SignNow.
SO ORDERED.
This is to notify you of your right to join and participate in a lawsuit alleging unpaid overtime against Velocity the Greatest Phone Company Ever, Inc. ("Velocity"), Global Gateway Exchange, LLC ("GGE"), and I.T.S. Technical Resources, Inc. d/b/a Integrated Talent Strategies ("ITS") (collectively "Defendants") under the Fair Labor Standards Act ("FLSA") and to explain how you can join and participate in the litigation if you desire to do so.
Mike Joseph and Mario Ray (the "Representative Plaintiffs") filed a lawsuit (the "Lawsuit") against the Defendants alleging that the Defendants violated federal and state overtime wage laws by paying Lead Field Engineers ("LFEs") who performed work for Velocity as salaried but ineligible for overtime pay, despite requiring them to work over 40 hour weeks. The Defendants deny the allegations in the lawsuit.
You are receiving this Notice because according to the Defendants' records, you are eligible to join and become a party to the Lawsuit because you worked for the Defendants as a LFE who performed work for Velocity at any time during the preceding three years and were paid as salaried but ineligible for overtime pay when you worked over 40 hours in a work week. You do not need to have any of your pay records or other any documents to join.
If you join the Lawsuit, you will be bound by its outcome, whether it is favorable or unfavorable. If the Representative Plaintiffs are successful in recovering a money judgment or settlement from Defendants, you will also be bound by any such judgment or settlement and will share in the amount recovered by the Representative Plaintiffs. You may also be required to participate in written discovery, appear for deposition, and/or appear for trial in the Northern District of Ohio.
If you join the Lawsuit, the Representative Plaintiffs' attorneys will represent you on a contingent fee basis. This means that the lawyers will be paid only if there is a monetary recovery and their fees will be a percent or portion of the recovered amounts. If there is no recovery, you will not have to pay any attorney's fees and you will not owe the Representative Plaintiffs' attorneys anything. No matter the outcome of the lawsuit, you will not have to pay the Representative Plaintiffs' attorneys anything out of your own pocket.
If you want to join this lawsuit, you must read, sign and return the Consent Form within 60 days of the date of this notice, which means no later than _____________, 2019. You may do this in any of the following ways.
You may join the lawsuit online. To do this, click the link in the email you will receive from http://www.signnow.com and follow the directions for filling out and electronically signing and submitting the Consent Form. If you wish to join the lawsuit but you do not receive an email from http://www.signnow.com containing a link allowing you to electronically sign and submit a Consent to Sue form online, check your email spam/junk folder, or notify Plaintiffs' attorneys.
Or, you may mail the completed Consent form postmarked within 60 days from the date of this Notice, or fax the completed Consent Form, or scan and email it, or legibly photograph it and email the photo, to the Representative Plaintiffs' attorneys as follows:
Again, your signed Consent form must be time-stamped (for emails and facsimiles), postmarked (for U.S. Mail), or received on the web portal (for electronically signing via the web portal) no later than ________, 2019, in order to be eligible to participate in the Lawsuit.
If you choose not to join the Lawsuit, you will not be entitled to share in any judgment rendered or settlement reached in this case, whether favorable or unfavorable, and you will not receive any money from this Lawsuit in the event of a settlement or an award. If you choose not to join this lawsuit, you will not be affected by any ruling, judgment, or settlement, entered in this case regarding your FLSA claims, favorable or unfavorable. If you choose not to join this lawsuit, you are free to take action on your own or do nothing at all. However, the FLSA has a maximum statute of limitations of two or potentially three years running from each pay date; therefore, if you choose not to join in this lawsuit some or all of your potential claims may later be barred by the FLSA's applicable statute of limitations, which will not stop running on any claims you may have unless and until you join this lawsuit or file your own claim in court.
Federal law forbids Defendants from retaliating or discriminating against you in any way for joining or participating in this Lawsuit.
If you have any questions about this Notice or the Lawsuit, please write, call, or email the Representative Plaintiffs' attorneys. The contact information is listed below:
Contacting the Representative Plaintiffs' lawyers is free and confidential.
I hereby consent to join this lawsuit for unpaid overtime against Velocity the Greatest Phone Company Ever, Inc., and/or Global Gateway Exchange, LLC, and/or I.T.S. Technical Resources, Inc. d/b/a Integrated Talent Strategies, and any affiliates ("Defendants") under the Fair Labor Standards Act ("FLSA") and, if applicable, under the supplemental California state law claims.
I hereby designate the Representative Plaintiffs as my agents to make decisions on my behalf concerning this overtime case against Defendants, including conducting this litigation, settlement negotiations, and all other matters pertaining to these claims against Defendants. I understand that if I file this Consent, I will be bound by the decisions made and agreements entered by the Representative Plaintiffs and Class Counsel.
I understand that the Representative Plaintiff has entered into a contingency fee agreement with Head Law Firm, LLC ("Class Counsel"), which applies to all plaintiffs who file this consent, and by filing this consent I agree to be bound by such contingency fee agreement. I understand that I may obtain a copy of the contingency fee agreement by requesting it from Class Counsel.
I acknowledge that I will be bound by any judgment or any settlement reached between the Representative Plaintiffs and Defendants. I understand that I will be entitled to share in any class recovery, but if no monetary judgment or settlement is obtained, I will receive nothing.
Return this form with your signed Consent by filling out electronically at [DocuSign or other electronic signature portal] or by fax, email, or mail to: