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1.
What is the FLSA?
2.
Should current employees be afraid of submitting this form?
3.
How can I tell if I qualify for this lawsuit?
4.
Do I need to
pay any money to join?
5.
If I want to be part of the FLSA claim, how do I join?
6.
How can I help
with the lawsuit?
7.
Should
I let others know about this case?
8.
What about retaliation?
9. Do I have any deadlines I need to worry about, or can I wait to
see what happens with this case?
10.
What are liquidated
damages?
11.
What if I didn’t keep time records? Can I still recover? Or what
if my employer encouraged me to record less time on the
timecards than I worked?
12. What
if I don’t have any time records to show how much time I worked?
13. How
do employees pay their lawyers in this case?
14. What
if I need more information or want to talk to the attorneys in
person?
15. What
if my address, telephone number, and/or email changes?
FLSA or the “Fair
Labor Standards Act” is the federal labor law that provides for
overtime wages. It also has provisions on the minimum wage,
Equal Pay Act, child labor restrictions, and a variety of other
federal labor and employment sections. A key provision of FLSA
is that most employees must be paid at the rate of
time-and-a-half of their "regular rate" of pay for all overtime
hours worked (i.e. all hours worked in excess of 40 hours per
week).
No. The law
prohibits an employer, including defendants Alion and SwRI,
from taking any adverse action against you for joining this
lawsuit. If your employer takes any action against you because
you participated in the lawsuit, the
penalties are severe. You may be entitled to either reinstatement
of your job, or the pay differential at a new job,
liquidated
damages, and attorneys' fees. Should you feel you have suffered
from retaliation, contact us at once.
If, in the past
three years you are or were
employed by Alion and/or SwRI as
Laboratory
Technician, Analyst, Chemist, Monitoring Technician, or in another similar hourly-paid position at the NECDF,
you may be
eligible to
participate in this lawsuit.
If you have any
questions, please contact us. There is no charge or obligation. We will keep any information you provide strictly
confidential. However, If you decide to participate in this
lawsuit, please remember that you can participate only if you mail in your written
consent form(s).
No! There is
absolutely no cost to join the lawsuit(s). If the Court determines
that you are entitled to recovery, attorneys’ fees and costs
will be paid either by Defendants or will be awarded by the
Court from the fund to pay unpaid wages. If this lawsuit is
not successful, you owe absolutely no fees. Therefore, there is
no financial risk to you provided your claims are brought in
good faith.
If you wish to
join the lawsuit(s), you must send a completed
Consent To Join form(s) to
Plaintiffs' counsel to be filed with the District Court.
After you fill out the
Consent Form(s), please remember to sign and date
at the bottom. Mail the completed,
signed Consent to Join form to the following address:
Attn:
Alion/SwRI Case
Law Office of Jesse
Brar, P.C.
670 East 3900 South,
Suite 101
Salt Lake City, UT
84107
If you have
information that may assist us with this case, please contact
us:
Attn:
Alion/SwRI Case
Law Office of Jesse
Brar, P.C.
670 East 3900 South,
Suite 101
Salt Lake City, UT
84107
Telephone:
801-269-9541
Facsimile:
801-269-9581
Toll
Free: 1-888-MYWAGE-2 or 1-888-699-2432
Email:
jesse@swriclassaction.com
We are looking for
the following information:
-
Names of current or
former employees.
This will help us notify potentially eligible employees of this
lawsuit. (Please note: We are not seeking any confidential
records regarding other employees, like documents marked
"proprietary" or "confidential," or
documents containing social security numbers, addresses or
phone numbers, etc.);
-
Any documents or
records relating to or supporting your claim that you were
entitled to overtime or other wages you did not receive
during your employment with Alion and/or SwRI; and
-
Anything that leads
you to believe that your employer knew about overtime laws or
other wage and hour laws and purposely disregarded them.
You do not
need to have any of the above-requested information to be
eligible for this lawsuit.
Yes. It’s important
that other employees find out about this as soon as possible. If
they delay in either taking legal action on their own,
consulting with us, attorneys of their own choice, or
joining the lawsuit(s), they
may lose some recovery of alleged unpaid wages and overtime
because of the time limitations that apply to this case.
Additionally these other employees may have important information about the facts
of this case and may be of use in Plaintiffs’ investigation of
the case.
If you currently
work for Alion and/or SwRI and you feel you are the victim of
retaliation for participating in this lawsuit, contact us
immediately. The law protects you from retaliation for asserting
your rights and, if you suffer retaliation, you may be able to
assert additional claims against the Defendants. Should you
feel you have suffered from any retaliation,
contact us at once.
Be very careful.
Under federal overtime law (the FLSA), employees are generally
not entitled to their lost overtime pay for hours they worked
more than two (or three) years ago. In other words, once you
join the lawsuit, you can collect lost wages under Federal Law
for only two (or three) years prior to that date. To stop this
clock from running out on your claims and to prevent yourself
from losing any money from a possible recovery, you need to
either pursue legal action on you own and/or consult with an
attorney of you own choice, or, if you choose, execute a written
consent to become a Party Plaintiff in this lawsuit by filing a
written consent to join(s). If you believe that you are eligible
and decide to join the lawsuit(s), mail this consent form to
Plaintiffs’ Counsel and we will file it with the Court. You can
also call us at 801.269.9541 to discuss your situation. You
can also consult another attorney of your choice.
FLSA provides that
successful plaintiffs are usually entitled to double the amount
of unpaid overtime wages, called "liquidated damages."
Essentially, liquidated damages are in lieu of interest. An
employer can avoid paying liquidated damages only if it shows
that it acted in good faith in failing to pay correct
overtime wages for all work performed, and that it had a
reasonable basis to believe that it need not pay for off the
clock work. "Good faith" has special meaning under FLSA,
and requires that employers make specific investigation of
the application of FLSA to particular types of employees.
Liquidated damages are the rule, not the exception. Employees
are normally entitled to "liquidated damages" in cases where a
court finds that an employer did not act in good faith in paying
wages due and/or overtime wages.
Yes. Federal law and
laws of many states require that an employer keep accurate
records of the number of hours an employee works. If the records
are either not accurate or not in existence, then the court or a
jury will determine the number of hours worked.
You don’t need your
own time records to be able to recover money. The law requires that
your employer keep accurate time records for the time you
worked. If an employer does not do that, the Court will use other
proof, including your reasonable testimony of the number of
hours you worked, to determine the amount you may be owed.
This is between the
individual employees and the lawyers. Many lawyers take FLSA or
wage-and-hour cases on some variation of a "contingency fee."
This usually means that the employees pay no legal fees unless
and until they win the case, and then fees are based on a
percentage of the amount recovered. Successful FLSA plaintiffs
are entitled to an attorneys' fee award from the employer in
addition to any other recovery. In this case, Plaintiffs'
Counsel will be paid on the basis of a contingency fee
agreement, and will be paid a percentage of any recovery.
Please feel free to
contact us if you have any other questions
about this lawsuit.
If you choose to
join the lawsuit(s) by
filing the consent form(s), you become a member
of the class in this lawsuit. If your address or telephone
number changes, please contact us immediately to update your
address, telephone number, and/or e-mail address at:
Attn:
Alion/SwRI Case
Law Office of Jesse
Brar, P.C.
670 East 3900 South,
Suite 101
Salt Lake City, UT
84107
Telephone:
801-269-9541
Facsimile:
801-269-9581
Email:
jesse@swriclassaction.com
If you have
any other questions, please contact
the
Plaintiffs
Counsel.
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