Peery v. Nixon Engineering,llc

Western District of Texas, txwd-6:2018-cv-00358

Exhibit Proposed Notice and Consent Form

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EXHIBIT 1 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS WACO DIVISION JAYME PEERY, § Individually and on behalf of all others § similarly situated § Civil Action No. 6:2018-cv-00358 § Plaintiff, § JURY TRIAL DEMANDED § v. § COLLECTIVE ACTION § PURSUANT TO 29 U.S.C. §216(b) NIXON ENGINEERING, LLC, § § CLASS ACTION PURSUANT TO Defendant. § FED. R. CIV. P. 23(b) NOTICE OF COLLECTIVE ACTION LAWSUIT TO: All current and former hourly-paid workers employed by Nixon Engineering, LLC between June, 2016 and the present who were traffic-management employees working at roadway projects throughout the State of Texas, whose monetary compensation consisted of hours reported in TxDOT work logs, and who executed a "Confidentiality, Nondisclosure, Non- Solicitation, Non-Competition and Inventions Agreement" with Nixon Engineering, LLC. RE: Fair Labor Standards Act (FLSA) Lawsuit Against Nixon Engineering, LLC DEADLINE TO FILE CONSENT FORM: _____________________________, 2020. 1. Why Are You Getting This Notice? This Notice is to inform you of a collective action lawsuit alleging that Nixon Engineering, LLC ("Nixon") failed to pay the correct amount of overtime as required by the FLSA, which Nixon denies. You are receiving this Notice because the Court in charge of this lawsuit has ordered this Notice be sent to certain persons identified by Nixon Engineering, LLC's ("Nixon") records as current or former Hourly Employees who worked for Nixon at any time during the last three years. 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 to participate in this lawsuit if you wish to do so. 2. What Is This Lawsuit About? Jayme Peery filed this lawsuit on behalf of himself and other current and former Hourly Employees who worked for Nixon anywhere in the United States, alleging that Nixon failed to pay its hourly Employees the correct amount of overtime for all hours worked over forty (40) hours in a single workweek in violation of federal law. Plaintiffs allege that Nixon did not pay them for all hours worked over forty (40) hours each workweek. In addition to unpaid back wages and the correct amount of overtime, Plaintiffs are seeking liquidated (double) damages equal to their unpaid wages and overtime, attorneys' fees, and costs. Nixon denies Plaintiffs' allegations. Nixon contends that the Plaintiffs have been, and continue to be, properly paid under the FLSA and has asserted various defenses to Plaintiffs' claims. The Court has not considered or made any decisions about who is right. Although the Court has authorized the sending of this Notice, there is no assurance that the Court will grant any relief in this case. 3. Are You Eligible to Join This Lawsuit? You are eligible to join this lawsuit if: 1. You were employed by Nixon as an hourly-paid traffic-management employee who executed a "Confidentiality, Nondisclosure, Non-Solicitation, Non-Competition and Inventions Agreement" at any time from three years prior to when you opt-in to this lawsuit to the present; and 2. You were not paid the correct amount of overtime for all hours worked over forty (40) hours in a workweek, such as time spent picking up equipment, performing pre- or post- trip vehicle inspections, or drive time. 4. What are Your Options? If you meet the criteria for this lawsuit, you have a choice to assert your legal rights in this case if you desire to do so. However, you are not required to do so and may choose to take no action without consequence to you. If you want to become a party to this case, you must read, sign, and return the attached Consent to Join Wage Claim form to Plaintiffs' attorneys by ______, 2020. You may return your consent form by filling out the attached Consent form, mailing it to Plaintiffs' attorneys in the enclosed self-addressed stamped envelope, faxing it to 361-452-1284, or emailing it to 5. Effect of Joining or Not Joining the Lawsuit. If you submit a Consent to Join Wage Claim form, you will be part of the case. Therefore, if the Plaintiffs win or settle the case, you may receive additional money from Nixon. If the Plaintiffs lose the case, you will receive nothing and will be bound by the decision, but you will not have to pay anything either. If you decide to join the lawsuit, you may be required to answer written questions, appear for a deposition and/or testify at trial with regard to your claims against Nixon. 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. 6. Nixon Cannot and Will Not Fire You for Joining This Lawsuit. Federal law prohibits Nixon, or any other employer, from firing or in any other manner discriminating against you because you join this case. This means Nixon is prohibited from firing you, demoting you, or cutting your pay because you participated in this case. Nixon has agreed to abide by the law in this regard. 7. Your Legal Representation If You Join. If you choose to join this suit by completing and submitting the enclosed Consent Form you will be represented by the law firm ANDERSON ALEXANDER, PLLC. Their contact information is listed below. 8. How Can You Receive More Information? If you have any questions about the collective action, your rights or the claims being made in this lawsuit, you may contact the Plaintiffs' attorneys directly at: ANDERSON ALEXANDER, PLLC 819 N. Upper Broadway Corpus Christi, Texas 78401 Telephone: (361) 452-1279 Fax: (361) 452-1284 You should not contact the Court to discuss this matter. 9. You Have Sixty (60) Days to Join this Lawsuit. Your determination of whether or not 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 if you wish to have the opportunity to make a full recovery. If you miss this deadline, you may not be allowed to participate in this lawsuit and your claims for unpaid wages may be forever barred. All Consent forms must be filed no later than _________________________, 2020, which is sixty (60) days after this Notice was mailed to you. A Consent form is enclosed with a self-addressed stamped envelope. CONSENT TO JOIN WAGE CLAIM AGAINST NIXON ENGINEERING, LLC Court-imposed deadline for filing this consent form is _______________________, 2020. Print Name: ________________________________________________________________ 1. I consent, agree, and opt-in to the lawsuit filed against Nixon Engineering, LLC, ("Nixon") titled Peery v. Nixon Engineering, LLC, No. 6:18-cv-00358 (W.D. Tex.) ("the Lawsuit"), to pursue my claims of unpaid back wages and overtime under the Fair Labor Standards Act ("FLSA") during the time that I was employed by Nixon. 2. I understand that the Lawsuit is brought under the FLSA, and I consent to be bound by the Court's decision. 3. I designate the attorneys at the law firm of ANDERSON ALEXANDER, PLLC as my attorneys to prosecute my wage claims in the Lawsuit. 4. I consent to having the Representative Plaintiffs in the complaint against Nixon make all decisions regarding the litigation, the method and manner of conducting this litigation, the terms of any potential settlement of this litigation, releasing of claims, entering into an agreement with Plaintiffs' Counsel regarding attorneys' fees and costs, and all other matters pertaining to this lawsuit. Signature: _________________________________ Date: ___________________________ Please print or type the following information which will be redacted and kept confidential: Address City/State/Zip Home Telephone Number Cell Phone Number E-mail Address Estimated Dates of Employment Position(s) Held with Nixon Location(s) Worked for Nixon If signed electronically, Adobe will automatically return this completed form to Anderson Alexander. You will know this form has been automatically sent to Anderson Alexander when you receive a signed copy from Adobe. If you do not electronically sign this form, please email, fax, or mail this signed form to: ANDERSON ALEXANDER, PLLC 819 N. Upper Broadway Corpus Christi, Texas 78401 Telephone: (361) 452-1279 Fax: (361) 452-1284