JOINT SUBMISSION OF AMENDED PROPOSED NOTICE AND CONSENT TO JOIN AND ORDER THEREON
LARRY R. HICKS, District Judge.
Pursuant to this Court's Order granting Plaintiffs' motion for conditional certification (Doc. #45), the parties hereby jointly submit the amended proposed notice and consent to join for this Court's signature.
The amended proposed notice and consent to join are attached hereto as Exhibits A and B, respectively.
ORDER
IT IS SO ORDERED.
EXHIBIT A
NOTICE OF PENDENCY OF FLSA COLLECTIVE ACTION LAWSUIT
TO: All current and former non-exempt hourly paid employees who were employed by the State of Nevada, Nevada Department of Corrections ("NDOC") as correctional officers at any time from May 12, 2011 to the present.
RE: Fair Labor Standards Act lawsuit filed against the STATE OF NEVADA, NEVADA DEPARTMENT OF CORRECTIONS.
INTRODUCTION
The purpose of this notice is to:
1) inform you of the existence of a lawsuit seeking recovery of unpaid overtime compensation under the Fair Labor Standards Act ("FLSA") in which you may be "similarly situated" to named-Plaintiffs DONALD WALDEN JR., NATHAN ECHEVERRIA, AARON DICUS, BRENT EVERIST, TRAVIS ZUFELT, TIMOTHY RIDENOUR, and DANIEL TRACY;
2) advise you of how your rights may be affected by this lawsuit; and
3) instruct you on the procedure for participating in this lawsuit, if you choose to do so.
This Notice is not an expression by the court of any opinion as to the merits of any claims or defenses asserted by any party to this action.
DESCRIPTION OF THE LAWSUIT
On May 12, 2014, Plaintiffs DONALD WALDEN JR., NATHAN ECHEVERRIA, AARON DICUS, BRENT EVERIST, TRAVIS ZUFELT, TIMOTHY RIDENOUR, and DANIEL TRACY ("Plaintiffs") filed a class and collective action complaint against the STATE OF NEVADA, NEVADA DEPARTMENT OF CORRECTIONS, and DOES 1 through 50, inclusive (referred to throughout the rest of this Notice as "NDOC" or "Defendants"). Plaintiffs filed the class and collective action lawsuit on behalf of themselves and all other similarly situated employees, for unpaid wages under the FLSA and Nevada state law. Specifically, Plaintiffs claim that NDOC forced employees to work without overtime compensation. Plaintiffs seek to recover back pay in an amount equal to the alleged unpaid overtime wages and liquidated damages (double damages) on behalf of themselves and all other similarly situated individuals resulting from NDOC's alleged unlawful conduct as well as other damages provided by law. Plaintiffs have also brought various state law claims arising out of the same behavior but those claims are not at issue in this Notice.
Defendant denies Plaintiffs' claims and denies that it is liable to Plaintiffs for any damages resulting from this lawsuit.
DEFINITION OF WHO MAY PARTICIPATE IN THIS LAWSUIT
To participate in this lawsuit, you must be a current or former non-exempt hourly paid employee who was or is employed by the State of Nevada, Nevada Department of Corrections ("NDOC") as a correctional officer at any time from May 12, 2011 to the present.
YOUR RIGHT TO PARTICIPATE IN THIS LAWSUIT
If you fit the definition above, you may join this case by mailing the enclosed "Consent to Join" form to the third party administrator ("the Administrator") at the following address:
[Insert Claims Administrator Name]
[Insert Claims Administrator Address]
If you want to join this lawsuit, you must send the form to the Claims Administrator so the attorneys prosecuting this case have time to file it with the Federal Court. If you do not return the "Consent to Join" form by June 30, 2015, you may not be able to participate in this lawsuit.
EFFECT OF JOINING THIS SUIT
If you choose to join this case, you will be bound by the decision of the court, whether it is favorable or unfavorable.
If you sign and return the "Consent to Join" form you are agreeing to:
1) designate Plaintiffs as your agents to make decisions on your behalf concerning this lawsuit;
2) the method and manner of conducting this lawsuit;
3) enter into an agreement with Plaintiffs' counsel concerning attorneys' fees and costs; and
4) all other matters pertaining to this lawsuit.
These decisions and agreements made and entered into by the representative Plaintiffs will be binding on you if you join this lawsuit. However, the court has jurisdiction to determine the reasonableness of any settlement with NDOC, and any agreement concerning the reasonableness of any attorneys' fees and costs that are to be paid to the Plaintiffs' counsel. Additionally, any settlement amount that exceeds the State statutory cap currently in effect pursuant to NRS 41.035 must be presented to the Board of Examiners of the State of Nevada for their approval. This is not to say that the cap applies in this action, but that certain settlement amounts which exceed the cap require approval.
The attorney for the Plaintiffs class is being paid on a contingency fee basis, which means that if there is no recovery there will be no attorneys' fee. If Plaintiffs prevail in this litigation, the attorneys for the class will request that the court either determine or approve the amount of attorneys' fee and costs they are entitled to receive for their services. The FLSA provides only for attorney fees for the Plaintiffs, if successful, and not for NDOC, although a Court could award NDOC attorneys' fees for misconduct or other reasons not covered by this statute.
LEGAL EFFECT IN NOT JOINING THIS SUIT
You do not have to join this lawsuit. If you do not wish to participate in this lawsuit, then do nothing. If you choose not to join this lawsuit, you will not be affected by any judgment, dismissal, or settlement rendered in this lawsuit, whether favorable or unfavorable to the class. This means that if Plaintiffs win, you will not collect any money from this lawsuit; if Plaintiffs lose, you will not lose any claims you may or may not have under the FLSA. If you choose not to join this lawsuit you are free to file your own lawsuit.
STATUTE OF LIMITATIONS ON POTENTIAL CLAIMS
The maximum period of time that you can collect unpaid wages under the FLSA is three (3) years from when you worked the hours, but were not paid at least minimum wage, your regular rate, or the legally correct overtime rate. If the Plaintiffs cannot prove NDOC acted willfully, the statute of limitations is two years. The statute of limitations continues to expire until you file with the court a written consent to join this lawsuit, or initiate your own lawsuit to collect your unpaid wages.
NO RETALIATION PERMITTED
Federal Law prohibits Defendant from discharging you or in any other manner discriminating against you if you exercise your rights under the FLSA to seek compensation. Participation in this lawsuit is not related or affected by any offer of severance benefits or release you may have recently signed.
YOUR IMMIGRATION STATUS DOES NOT MATTER IN THIS CASE
You are entitled to back pay for the alleged unpaid wages and liquidated damages under the FLSA even if you are not otherwise legally entitled to work in the United States. Bringing a claim in the court for unpaid wages is not a basis for you to be deported from the United States.
YOUR LEGAL REPRESENTATION IF YOU JOIN
If you choose to join this lawsuit and agree to be represented by the named Plaintiffs through their attorneys, your counsel in this action will be:
Mark R. Thierman and Joshua D. Buck
Thierman Buck, LLP
7287 Lakeside Drive
Reno, NV 89511
775-284-1500
Email: info@thiermanbuck.com
www.thiermanlaw.com
FURTHER INFORMATION
Further information about this Notice, the deadline for filing a "Consent to Join" form, or questions about this lawsuit may be obtained by contacting the Thierman Law Firm at the contact information listed immediately above.
The court has taken no position in this case regarding the merits of the Plaintiffs' claims or of the Defendant's defenses.
DO NOT CONTACT THE CLERK OF THE COURT
EXHIBIT B
[AMENDED PROPOSED] CONSENT TO JOIN
Pursuant to the Fair Labor Standards Act, 29 U.S.C.S. § 216(b), the undersigned hereby consents in writing to become a party plaintiff against my Employer, or Former Employer. I authorize the filing of a copy of this consent form with this Court in this action or any related or successor actions. I further consent to join this and/or any subsequent or amended suit against the same or related defendant for wage and hour violations.
Dated this ____day of ________, 2015
Name:_________________________________
(Please Print)
Signature:____________________________
Employer:_____________________________
In the last 6 years, I worked as a Correctional Officer for the State of Nevada at the following locations:
FACILITY APPROXIMATE DATES
1._____________________________________________________________
2._____________________________________________________________
3._____________________________________________________________
4._____________________________________________________________
5._____________________________________________________________
The following contact information below will be redacted before filing with the Court:
Address:____________________________________________________________________________________
City: _________________________State:___________________Zip:________________________________
Email:__________________________________________
Telephone:_______________________________________
Are you a member of any Labor Organization, and if so, which:__________________
___________________________________________________________________________________________
Please return via Fax, Email or U.S. Mail to:
[insert claims administrator information]
