Pearson v. Colt Oilfield Services, LLC et al

Western District of Texas, txwd-5:2018-cv-01029

Exhibit D-2

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NOTICE OF OVERTIME LAWSUIT TO: All of Defendants' current and former non-supervisory employees paid on a salary basis that worked more than 40 hours during one workweek, who were not paid overtime, over the past three years whose job duties include loading, unloading, rigging up, rigging down, and operating oilfield equipment/tools at well sites in Louisiana; New Mexico; East Texas; and West Texas. This definition includes the following job titles: "Operator," "Field Operator," "Hydrostatic Operator," and "Completions Operator." RE: Unpaid Overtime Wage Claims DEADLINE TO RETURN CONSENT FORM: _____________________________, 2019 1. WHY AM I GETTING THISNOTICE? This notice is to inform you about an overtime lawsuit against Colt and Roy E. (Eddie) Aguilar (collectively "Colt") in which you may be eligible to participate. You have received this notice because sometime during the last three years to the present, Colt employed you in a salaried job for which the job duties included loading, unloading, rigging up, rigging down, and operating oilfield equipment/tools at well sites. These positions include the following job titles: "Operator," "Field Operator," "Hydrostatic Operator," and "Completions Operator." This notice will explain your options, how your rights might be affected, and inform you how to join the lawsuit should you choose to do so. The Court has not decided on any claims or defenses in the case. This notices does not mean you have a valid claim or that you are entitled to any money. Instead, this notice is only for the purpose of informing those who may be able to join this lawsuit. 2. WHAT IS THE CASE ABOUT? This lawsuit was filed on October 1, 2018 by Douglas Pearson and James Adkins ("Named Plaintiffs") in the United States District Court for the Western District of Texas in San Antonio, Texas. The Named Plaintiffs allege that they were not paid overtime as required by the Fair Labor Standards Act. They claim that Colt paid them on a salary without paying overtime for hours worked in excess of 40 per week. The Named Plaintiffs seek to recover alleged unpaid overtime, liquidated damages, attorney's fees and costs. Colt denies these allegations and contends that it has paid its current and former employees all wages and overtime to which they are contractually and legally entitled. The Court has not considered or made any decision on the merits of the Named Plaintiffs' claims or Colt's defenses. EXHIBIT D-2 3. WHAT HAPPENS IF I JOIN THIS CASE? While you have a choice whether to participate in this case, you must decide soon. Unless your Notice of Consent is postmarked or faxed by _________, you will not be permitted to join the lawsuit. However, you could still decide to file your own lawsuit or do noting at all. If you choose not to file a Notice of Consent, you will not be affected by any ruling, judgment, or settlement entered in this case, favorable or unfavorable. If you join this case by filing the Notice of Consent, you may be required to provide information, sit for depositions, and testify in court in San Antonio, Texas. If you join the case, you also will be bound by any ruling, judgment, or settlement in this case, whether favorable or unfavorable. If nothing is recovered in the case, you will get nothing. If you lose the case, you may be liable for costs. If you return a signed Consent to Joint form and select them as your lawyers, the Named Plaintiffs' lawyers will represent you on a contingent fee basis. By submitting a Consent to Join, you designate the Named Plaintiffs and their lawyers to make all decisions concerning the case, including settlement decisions that would affect your claim. If you want to know more about the terms of the contingent fee arrangement, you may contact the Named Plaintiffs' lead attorney, Mr. Jack Siegel at (214) 790-4454 or However, you may choose your own counsel for purposes of representing you in this lawsuit or any other lawsuit against Colt. You are not required to have the Named Plaintiffs' lawyers represent you. If you have any questions, you may contact Mr. Siegel or an attorney of your choice. Federal law prohibits anyone from terming your employment, or in any other manner discriminating or retaliating against you for taking part in this case or otherwise exercising your rights to make a claim for unpaid wages under federal law. 4. HOW DO I JOIN THE CASE? Enclosed is a form called "Consent to Join." If you want to join the case and be represented by the Named Plaintiffs' lawyers, sign and return the Consent to Join form to: JACK SIEGEL SIEGEL LAW GROUP PLLC 2820 McKinnon Dallas, Texas 75201 The signed Consent to Join must be postmarked or fax stamped by ________________________. Alternatively, if you choose your own counsel for purposes of representing you in this lawsuit or any other lawsuit against Colt, do not submit the attached Consent to Join form. Instead, consult with your attorney about joining this lawsuit or filing a separate claim. If you have questions, you can get more information by contacting Mr. Siegel or an attorney of your choice. Please do not contact the Court directly regarding this matter. The Judge must remain neutral and cannot offer you advice regarding your rights. CONSENT TO JOINT FORM-COLT OILFIELD SERVICES, INC. Printed Name: _________________________________________________________ 1. I hereby consent to join the collective action lawsuit filed against Colt Oilfield Services, Inc. and Roy E. (Eddie) Aguilar (collectively "Colt"). 2. I understand that this lawsuit is brought under the Fair Labor Standards Act, and consent to be bound by the Court's decision. 3. I understand that I may withdraw my consent to proceed with my claims at any time. 4. I designate Jack Siegel and the Siegel Law Group, PLLC as my attorneys to prosecute my wage claims. 5. I consent to have the Named Plaintiffs and their attorneys make all decisions regarding the litigation, including all decisions regarding settlement or trial. 6. If needed, I authorize the Named Plaintiffs' lawyers to use this consent to re-file my claim in a separate lawsuit or arbitration against Colt. Signature: ________________________ Date Signed: ___________________ Please print or type the following information, which will be kept confidential: ______________________________ ______________________________ Address City/State/Zip Code ______________________________ ______________________________ Home Telephone Number Cellular Phone Number ______________________________ ______________________________ Email address Estimated Dates of Employment ______________________________ ______________________________ Positions Held Locations Worked for Colt RETURN THIS FORM BY MAIL, EMAIL OR FAX TO: JACK SIEGEL SIEGEL LAW GROUP PLLC 2820 McKinnon Dallas, Texas 75201 Fax No. [insert fax number]