Whiteman v. Wardlaw Consulting Services, Inc. et al

Western District of Texas, txwd-6:2016-cv-00312


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Case 6:16-cv-00312-RP-JCM Document 12-1 Filed 12/20/16 Page 1 of 1 If you worked for Wardlaw Consulting Services, Inc. as a Commission-Only Supervisory and/or Management Employee, paid from funds known as "the bucket," you may be entitled to unpaid overtime wages. Why Did I Get This Notice? Can I be Retaliated Against? You have been identified as someone who worked It is unlawful for Wardlaw or your current employer for Wardlaw Consulting Services, Inc., William F. to terminate or take any adverse action against you Wardlaw, Michael N. Wardlaw, and/or Rebecca as a result of your participation in this suit. Meadows (collectively, "Wardlaw") as a commission-based employee at any time between How Do I Participate in This Case? December 2013 and the present. If you want to join the lawsuit as a plaintiff, fill out What’s This About? the enclosed Consent to Join Action and mail, email or fax it back to the attorney listed below. It must be Former Commission-Based Employees filed a received by: lawsuit claiming Wardlaw failed to pay overtime and minimum wages as required by federal law. [INSERT DEADLINE] The lawsuit alleges these employees worked more than 40 hours a week and were not paid overtime What Are My Choices? pay for these overtime hours but instead were only paid commissions (also known as a "bucket" If you choose to join in this case, you will be bound percentage basis). by the result in this case, whether it is favorable or unfavorable. If you join the lawsuit, you will not The lawsuit claims that paying these employees have to pay the lawyers representing you anything according to commissions but not paying overtime out of pocket, win or lose. pay based on the actual hours of work does not meet the requirements of the federal law. If you do not wish to join the lawsuit as a plaintiff, you are free to take action on your own or do You have a choice to assert your legal rights in this nothing. case. If you do not do so, you will not share in any money awarded in the case. The Court has not yet How Can I Get More Information? made a decision on the merits of this case. To learn more, call the employees’ attorney Kerry What Can I Get if I Participate? O’Brien at (512) 410-1960. The call is free and confidential. If the lawsuit is successful, those participating may get an amount up to two times the unpaid wages Or write or email to: they should have received, plus attorneys’ fees and Kerry O’Brien costs. O’Brien Law Firm 1011 Westlake Drive If the workers lose, they will get nothing. Austin, Texas 78746 ko@obrienlawpc.com The United States District Court approved this Notice but takes no position on the merits of the case.