ORDER

SUSAN M. BAZIS, Magistrate Judge.

On November 28, 2018, a telephone conference was held regarding a dispute over the content of the notice to be sent to members of this conditionally certified collective action. It was agreed during the conference that the Court would review the parties' proposed notices, and then provide the parties with the notice to be used in this action.

Having reviewed and considered the matter, the approved notice is set forth below.

NOTICE OF COLLECTIVE ACTION LAWSUIT

FONTENOT, ET AL. v. McNEIL INDUSTRIAL, INC.

This notice is for the sole purpose of determining the identity of those persons who wish to be involved in this case. Although the United States District Court for the District of Nebraska has authorized sending this notice, the Court has not considered or made any decision as to the merits of Plaintiffs' claims or Defendant's defenses.

1. Why Are You Getting This Notice?

You received this notice because the Court in charge of this collective action lawsuit has ordered this notice be sent to persons who are identified by McNeil's records as current or former independent contractor welders engaged by McNeil Industrial, Inc., and paid an hourly rate in the last three (3) years.

The Court has "conditionally certified" a collective action lawsuit that may affect your legal rights. This notice is intended to advise you of how your rights under the Fair Labor Standards Act ("FLSA") may be affected by this lawsuit and describe how you can participate in this suit if you want to.

2. What Is This Lawsuit About?

Matthew Fontenot, a former McNeil welder, filed this lawsuit on behalf of himself and other current and former independent contractor welders engaged by McNeil Industrial, Inc., and paid an hourly rate in the last three (3) years. Mr. Fontenot alleges McNeil misclassified its welders as independent contractors and failed to pay them overtime for time worked over 40 hours in a week in violation of federal law. Mr. Fontenot alleges that McNeil owes the welders back wages in the form of unpaid overtime, double damages (liquidated damages), plus his attorneys' fees and costs for himself and all similarly situated workers.

McNeil denies Mr. Fontenot's allegations and has asserted various defenses. McNeil contends its welders have been, and continue to be, properly classified and paid under the FLSA.

The Court has not ruled which party will prevail in this lawsuit but has ordered that this notice be sent to you to inform you of your legal rights and ability to make a claim for unpaid overtime wages and money damages. By returning a Consent to Join Wage Claim Form, you can make a claim to recover damages under federal law during the time period "3 years prior to date of mailing» to the present.

3. What Are Your Options?

If you want to join this lawsuit, you must read, sign, and return the attached Consent to Join Wage Claim Form by « 60 days from date of mailing ». You may return your Consent to Join Wage Claim Form by filling out the attached form and returning it by mail, email, or fax to:

Instead of contacting the above counsel, you may also contact counsel of your choice.

If you do not wish to be a part of the lawsuit, you do not need to do anything. The decision to join is entirely yours.

4. Effect of Joining or Not Joining the Lawsuit.

If you return a Consent to Join Wage Claim form, you will be a part of this case. Therefore, if the welder who brought this lawsuit wins or settles the case, you may receive additional money from McNeil. If this case is not successful, you will receive nothing and you will not be responsible for any of case costs, expenses, or attorneys' fees.

If you decide to join the lawsuit, you may be required to answer written questions under oath, produce documents relating to your claim, testify at an oral deposition under oath and/or testify at trial with regard to your claims against McNeil.

Because the FLSA only allows workers to recover up to the past three (3) years of back wages, eligible workers who do not join this litigation may lose their rights to make a claim for back wages unless such workers bringing a new, separate case.

5. McNeil Cannot Retaliate Against You for Participating in this Lawsuit.

This Court and Federal law prohibits anyone from discriminating or retaliating against you because you join this case. McNeil has agreed to abide by the law in this regard.

If you suspect any retaliation for participating in this suit, please immediately call the attorneys listed below.

6. Your Legal Representation If You Join.

If you choose to join this collective action lawsuit, your attorneys will be Michael A. Josephson and Lindsay R. Itkin of the law firm JOSEPHSON DUNLAP, LLP and Richard J. (Rex) Burch of the law firm BRUCKNER BURCH, PLLC. Their contact information is listed below.

7. How Can You Receive More Information?

If you have any questions about the collective action or your legal rights, you should contact counsel for the collective action directly at:

You should not contact McNeil or McNeil's attorneys about this lawsuit or seek advice from them on whether you should participate.

You should not contact the Court to discuss this matter.

8. You Have Sixty (60) Days to Join this Lawsuit.

Your determination of whether to take action should be made promptly. Because the law only allows a person to recover up to three (3) years of back wages from the date the Consent to Join Wage Claim Form is filed, time is of the essence in submitting this form. All consent forms must be received no later than «60 days from date of mailing», which is sixty (60) days after this Notice was mailed to you. A Consent to Join Wage Claim Form is enclosed with a self-addressed stamped envelope.