Peery v. Nixon Engineering,llc

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

Exhibit Proposed Notice and Consent

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Exhibit 6 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 Employees Who Worked For Nixon Engineering, LLC At Any Time In The Past Three Years Through The Final Disposition Of This Case. RE: The Right of Current and Former Employees Who Worked For Nixon Engineering, LLC and Were Not Paid For All Hours Worked to Join a Lawsuit Seeking Unpaid Overtime. DEADLINE TO FILE CONSENT FORM: _______________________________, 2019.1 1. Why Are You Getting This Notice? You received this Notice because the Court in charge of this lawsuit has ordered this Notice be sent to persons who are identified by Nixon Engineering, LLC ("Nixon") records as a current or former Hourly Employee (together, "Plaintiffs") who worked for Nixon at any time during the last three years. The Court has allowed or "certified" a collective action lawsuit that may affect you. 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. 1 This date will be three years back from the date the Court enters an order approving this Notice. 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 alleges that Nixon did not pay them for all hours worked over forty (40) hours in a 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. The Court has not decided who is right but has authorized this notice to inform you of your right to join this lawsuit. 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 Employee at any time from three years prior to when you opt-in to this lawsuit to the present; and 2. You were not paid 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 by _______________________2, 2019. You may return your consent form by filling out the attached Consent form, mailing it to Plaintiffs' attorneys in team@a2xlaw.com 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 who filed this case win or settle the case, you may receive additional money from Nixon. 2 This date will be 60 days after the Notice is mailed. If the Plaintiffs who filed this case 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. Because of the statute of limitations, eligible workers who do not join this litigation or choose to file their own separate claims, may lose their rights to recover overtime for work performed in the past for Nixon. 6. Defendant Cannot and Will Not Fire You for Joining This Lawsuit. Many employees fear being terminated for making a wage claim. However, federal law prohibits Nixon 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. 7. Your Legal Representation If You Join. If you choose to join this suit you may choose to hire your own attorney or you may agree to be agree to be represented by Plaintiffs' attorneys. Plaintiffs' attorneys in this case are Clif Alexander and Austin Anderson of the law firm ANDERSON ALEXANDER, PLLC. Their contact information is listed below. Plaintiffs' attorneys are advancing the expenses of the litigation. They are representing the Plaintiffs on a contingency fee basis. No current or former Hourly Employee who opts in to the lawsuit will owe any attorneys' fees unless the Plaintiffs win the lawsuit. Plaintiffs and their attorneys have agreed to a total attorney fee of forty percent (40%) of the unpaid overtime pay that Hourly Employees are entitled to as a result of the lawsuit. This percentage will be reduced by any award of attorneys' fees received from the Court. In no event will any Hourly Employee who opts-in owe any fees or costs to the attorneys if no back wages or overtime is received. 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 team@a2xlaw.com You should not contact Nixon or 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. All Consent forms must be filed no later than __________________________, 2019, 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 ________________________, 2019. 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 firms 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. 5. If needed, I authorize the attorneys at the law firms of ANDERSON ALEXANDER, PLLC to use this consent to re-file my claim in a separate lawsuit or arbitration against Serco. Signature: ___________________________ Date: ___________________________ Please print or type the following information which will be 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 RETURN THIS FORM BY MAIL, E-MAIL OR FAX TO: Overtime Lawsuit Against Nixon ANDERSON ALEXANDER, PLLC 819 N. Upper Broadway Corpus Christi, Texas 78401 Telephone: (361) 452-1279 Fax: (361) 452-1284 team@a2xlaw.com