IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION KIMBERLY L. HARRIS, MALIA COLEMAN, BETTY CURRY, ELSIE STATHAM, DEANA BAKIR and TAMMALEE WILSON, on behalf of themselves and all those similarly situated who consent to representation, Case No.113-CV-00364-ODE Plaintiffs, v. CLARK AND WASHINGTON P.C. and/or CLARK AND WASHINGTON LLC, Defendants.... NOTICE OF PENDING WAGE & HOUR LAWSUIT This notice is for the sole purpose of providing current and former Clark & Washington employees with information concerning their right to join this lawsuit. The court takes no position regarding the merits of the claims made herein. TO All current and former non-lawyer employees of Clark & Washington, who worked in excess of 40 hours in any workweek since February 15, 2011, and who were paid according to Clark & Washington's application of the Fluctuating Work Week but were allegedly not paid at a rate of time and one half their regular hourly rate for all hours worked over 40 in the workweek. This class includes, but is not limited to, those individuals who are or were classified as Paralegals, Legal Assistants, Petition Analysts, Petition Reviewers, Customer Service Specialists, Office Managers, and Typists, working in Georgia, Florida or Tennessee. RE Fair Labor Standards Act Overtime Wages Lawsuit filed against Clark & Washington, PC and Clark & Washington, LLC.
113-cv-00364-ODE Page 2 INTRODUCTION The purpose of this legal Notice is to (1) Inform you that a collective action lawsuit has been filed against Clark & Washington PC and Clark & Washington, LLC (collectively C & W or Defendants ) for allegedly unpaid overtime compensation, and that you have the right to join the lawsuit; (2) Advise you how your rights may be affected by this lawsuit; and (3) Instruct you on the procedure for participating in this lawsuit, if you choose to do so. DESCRIPTION OF THE ACTION In approximately October 2012 and February 2013 two separate lawsuits were filed against Defendants by the Plaintiffs named in the caption above, on behalf of themselves and all similarly situated employees and former employees of C & W. In April, 2013, the Court consolidated the two cases. The action alleges that these individuals are owed overtime pay under the federal Fair Labor Standards Act ("FLSA"), 29 U.S.C. 201-219. More specifically, the individuals who are already parties to this lawsuit allege that for each workweek in which they worked more than 40 hours, they should have received, but did not receive, compensation at a rate of 1.5 times their regular rate of pay for each hour over 40. They claim that because C & W improperly attempted to pay them pursuant to a fluctuating work week pay plan, they are entitled to receive additional wages for all hours in excess of 40 worked in a workweek. Defendants deny that they have violated the FLSA, or that any overtime pay is owed, and are defending against all claims that have been asserted against them. Defendants contend that all employees were paid pursuant to the fluctuating workweek method of pay as permitted under the FLSA and recognized by the United States Department of Labor and the courts. Defendants contend that overtime was at all times lawfully paid pursuant to the fluctuating workweek method of pay. YOUR RIGHT TO PARTICIPATE IN THIS ACTION You may join in this lawsuit if (a) you worked for Defendants as a non-lawyer office employee at any time since February 15, 2011; and (b) you sometimes worked more than 40 hours in a workweek but allegedly did not get paid at a
113-cv-00364-ODE Page 3 rate 1.5 times your regular rate of pay for all hours over 40 in a workweek. It is entirely your decision whether to join this lawsuit. You are not required to take any action unless you desire to join. If you fit the definition above, and you wish to join this action, you may do so by mailing, emailing or faxing the attached Consent Form to Plaintiffs' attorneys Clark & Washington Overtime Litigation Adams-Bradham Law Offices, LLC P. O. Box 5097 Alpharetta, Georgia 30023 or Fax (770) 234-5206 or Email cwovertimelitigation@gmail.com The Consent Form must be received by the Adams-Bradham Law Offices, LLC, no later than April 17, 2014 (60 days from the date on this Notice) for you to participate in this case. For your convenience, a self-addressed, stamped envelope is included with this Notice. EFFECT OF JOINING OR NOT JOINING THIS ACTION By joining this lawsuit, you designate the class representatives as your agents, to make decisions on your behalf concerning the litigation (including decisions regarding any settlement of this litigation), the method and manner of conducting this litigation, the entering of an agreement with Plaintiffs' counsel concerning attorneys fees and costs, and all other matters pertaining to this lawsuit. These decisions and agreements made and entered into by the representative Plaintiffs will be binding on you if you join this lawsuit. If you choose to join in the lawsuit, you will be bound by any judgment, award or settlement, whether favorable or unfavorable, in this lawsuit. The attorneys representing the Plaintiffs are being paid on a contingency-fee basis, which means that if the Plaintiffs do not recover any damages or relief in this case, the Plaintiffs will not owe the attorneys representing the Plaintiffs any attorneys' fees. If there is a recovery, however, these attorneys will receive a part of any money judgment or settlement obtained in favor of Plaintiffs and those people who join the case. If the Plaintiffs prevail on their claims, they
113-cv-00364-ODE Page 4 would be entitled to an award of attorneys' fees from the Court. Any settlement of these claims requires Court approval and notice to you. If you join this action, you may be required to provide information and documents, or otherwise participate in this action. You may be required to give a deposition in Atlanta, Georgia. If you do not prevail on your claim, court costs and expenses may possibly be assessed against the Plaintiffs and opt-in Plaintiffs, including you. No determination has been made in this case regarding liability, and your joining this lawsuit does not mean that you are entitled to any monetary recovery. That decision will be made at a later date. If you submit a Consent Form, your continued right to participate in this action will depend upon a later decision by the Court that you and the named Plaintiffs are "similarly situated" in accordance with applicable laws, and that it is appropriate for this case to proceed to trial as a collective action. If you decide not to join this lawsuit, you will still be free to pursue whatever private remedies you have available to you or you may choose to take no action at all. If you choose not to join this action, you will not be bound by any ruling, judgment, or settlement entered in this case, favorable or unfavorable. STATUTE OF LIMITATIONS The FLSA has a two or three year statute of limitations, depending upon subsequent decisions in the case. If you choose to join this action, you may be able to recover damages only for hours worked over 40 in a workweek within two or possibly three years of the date your Consent Form is filed. Therefore, if you intend to join the lawsuit, it is in your best interest to return the Consent Form quickly. If you choose not to join in this action or to file your own action, some or all of your potential claims may later be barred by the applicable statute of limitations. NO RETALIATION PERMITTED You have an absolute right to join this lawsuit free from any fear that Defendants will retaliate against you in any way. The law prohibits retaliation against employees for exercising their rights under the FLSA. Therefore, Defendants are prohibited from discharging you or
113-cv-00364-ODE Page 5 otherwise retaliating against you in any manner because you choose to participate in this case. If you believe you are being retaliated against, or if anyone acting on Defendants' behalf threatens to retaliate against you at any time, you may seek legal counsel and ask for immediate relief in the Court. If your retaliation claims are successful, Defendants will be liable to you for damages caused by their retaliation. LEGAL REPRESENTATION IF YOU JOIN If you choose to join this case by filing a Consent Form, you are agreeing that your interests will be represented by the two law firms representing the current Plaintiffs, (collectively, Plaintiffs counsel ) Schwartz Rollins, LLC 945 E. Paces Ferry Rd., Suite 2270 Atlanta, Georgia 30326 Fax (404) 844-4135 Website www.gaemploymentlawyers.com email cwovertimelitigation@gmail.com Adams-Bradham Law Offices, LLC P. O. Box 5097 Alpharetta, Georgia 30023 Fax (770) 234-5206 If you have any questions about this notice, please email the Plaintiffs counsel whose information is provided above. THIS NOTICE AND ITS CONTENT HAVE BEEN AUTHORIZED BY THE U.S. DISTRICT COURT, NORTHERN DISTRICT OF GEORGIA, HONORABLE JUDGE ORINDA EVANS Dated this 17th day of February, 2014.