Mraz v. City of Manteca

Filing 21

ORDER FOR CONDITIONAL CERTIFICATION OF FLSA COLLECTIVE ACTION signed by District Judge Troy L. Nunley on 5/22/2017. (Attachments: # 1 Notice) (Becknal, R)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
MRAZ, et al. v. CITY OF MANTECA
Case No. 2:16-cv-02614-TLN-KJN
IMPORTANT NOTIFICATION TO POTENTIAL COLLECTIVE ACTION MEMBERS
THIS NOTICE AND ITS CONTENTS HAVE BEEN AUTHORIZED BY THE UNITED
STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA.
THE COURT HAS TAKEN NO POSITION IN THIS CASE REGARDING THE MERITS
OF PLAINTIFF=S CLAIMS OR DEFENDANT=S DEFENSES.
Please read carefully. Your legal rights may be affected.
TO:

Any and all current or former employees of the City of Manteca who have worked
overtime and received cash payments in lieu of health care benefits at any time since
November 2, 2013.

RE:

LAWSUIT ASSERTING VIOLATIONS OF FEDERAL WAGE LAWS AGAINST THE
CITY OF MANTECA
INTRODUCTION

This Notice is being sent to you by Order and under supervision of the United States
District Court for the Eastern District of California. The purpose of this notice is: (1) to inform you
of the existence of a collective action lawsuit filed against the City of Manteca; (2) to advise you of
how your rights may be affected by this lawsuit; and (3) to instruct you on the procedure for
participating in this lawsuit. You have been sent this notice because employment records indicate
that you may be Asimilarly situated to the named Plaintiff.
DESCRIPTION OF LAWSUIT
On November 2, 2016, the named Plaintiff brought this lawsuit against the City of Manteca
on behalf of himself and all current and former City non-exempt employees who worked overtime
and received cash payments in lieu of health care benefits in the same pay period since November
2, 2013. The complaint alleges Plaintiffs are entitled to additional overtime pay under the Fair
Labor Standards Act (FLSA). The lawsuit alleges the City violated the FLSA by failing to pay
Plaintiffs the full amount due for all overtime hours worked. The lawsuit alleges the City failed to
include these cash payments into the regular rate of pay for purposes of determining overtime
compensation resulting in an underpayment of legally required overtime wages. Plaintiffs allege
they are entitled to recover unpaid overtime since November 2, 2013, plus liquidated damages in
an equal amount, and attorney fees and costs. The City denies Plaintiffs’ allegations and is
defending against Plaintiffs’ claims.

Plaintiffs claim in this action are limited to a two (2) or potentially three (3) year statute of
limitations. If you choose to join this lawsuit, you may be able to recover damages only for
overtime hours worked and not properly calculated for payment within this time period.
HOW TO JOIN THIS LAWSUIT
Under the FLSA, similarly situated employees may join the existing lawsuit. If you
worked for the City of Manteca at any time since November 2, 2013, and received cash payments
in lieu of health care benefits and worked overtime in the same pay period, you may join this
lawsuit. Should you wish to join this lawsuit, you must contact Plaintiffs’ counsel in sufficient
time to allow Plaintiffs’ counsel to file a Consent to be Included as Individual Plaintiff form with
the court. Plaintiffs’ counsel’s contact information is set forth below.
David E. Mastagni, Esq.
Isaac Stevens, Esq.
Ace T. Tate, Esq.
Mastagni Holstedt, APC
1912 I Street
Sacramento, California 95811

Email: [e-mail]
Phone: [phone]
Fax: [phone]
website: http://www.mastagni.com

If you do not contact Plaintiffs’ counsel and arrange for them to file a Consent form on
your behalf, you may not be able to participate in this lawsuit.
If you choose to join this lawsuit, you will be bound by any judgment or settlement,
whether it is favorable or unfavorable. While this lawsuit is proceeding, you may be required to
respond under oath to written questions, testify in deposition, and/or testify in court.
Plaintiffs’ attorneys have taken this case on a contingency fee. They shall advance all
reasonable litigation costs and you will not be obligated to reimburse Attorneys for any costs
advanced if no recovery is obtained. The attorneys may be entitled to receive attorney fees and
costs from the City should there be a recovery or judgment in favor of the Plaintiffs. If there is a
recovery, Plaintiffs’ attorneys will apply to receive an award of separate attorney fees, or a
percentage of any common fund judgment or settlement obtained in favor of Plaintiffs, but not
both. If there is no recovery or judgment in Plaintiffs’ favor, Plaintiffs’ attorneys will not seek
any attorney fees or costs from anyone.
NO RETALIATION PERMITTED
Under federal law, it is illegal for the City to retaliate against you for joining this lawsuit.
EFFECT OF NOT JOINING THIS LAWSUIT
If you do not contact Plaintiffs’ counsel and arrange for them to file a Consent form on
your behalf, you will not be joined in this lawsuit and will not be bound by any judgment or
settlement, whether favorable or unfavorable. Federal law (FLSA) requires that any claims for
overtime compensation must be filed, if at all, in a state or federal court within two (2) years (or

within three (3) years if the violation was willful as defined by law). Any claims for overtime pay
under federal law that are not filed within these limits are likely to be denied as untimely.
QUESTIONS REGARDING THIS NOTICE
If you have any questions regarding this notice, you may contact Plaintiffs’ counsel, David
E. Mastagni, Esq., Isaac Stevens, Esq., or Ace Tate, Esq. of Mastagni Holstedt, APC.