Randle v. Allconnect, Inc.

Filing 36

OPINION AND ORDER GRANTING IN PART Plaintiff's 4 Motion for Conditional Collective Action Certification and Issuance of Notice to Putative Class Members. The Court conditionally certifies the class of current and former non-exempt Home Se rvice Consultants employed by Allconnect at its Atlanta call center from January 28, 2011, to the present. Notice of Court Certification shall be given to potential class members in the form attached as Exhibit 1 to this Order. IT IS FURTHER ORDE RED that the Consent to Join Collective Action form attached as Exhibit 2 to this Order shall be used to opt into this action. IT IS FURTHER ORDERED that Defendant shall, on or before May 20, 2014, provide to Plaintiff a list of potential class members, their full names, last-known addresses, email addresses, dates of employment and dates of birth. Signed by Judge William S. Duffey, Jr on 5/6/2014. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (anc)

Exhibit 1

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
AYISHA RANDLE, on behalf of
herself and all those similarly situated,
Plaintiff,
v.

1:14-cv-245-WSD

ALLCONNECT, INC.,
Defendant.

NOTICE OF COURT CERTIFICATION OF COLLECTIVE ACTION IN
FEDERAL OVERTIME LAWSUIT AGAINST ALLCONNECT, INC.
THIS NOTICE AND ITS CONTENTS HAVE BEEN AUTHORIZED BY THE UNITED
STATES DSITRICT COURT, HONORABLE WILLIAM S. DUFFEY, JR., DISTRICT
JUDGE. THIS NOTICE IS FOR THE SOLE PURPOSE OF PROVIDING YOU WITH
INFORMATION CONCERNING YOUR RIGHT TO JOIN THIS LAWSUIT. THE
COURT HAS NOT YET EXPRESSED ANY OPINION ABOUT THE MERITS OF THE
CLAIMS ASSERTED OR THE DEFENSES RAISED, AND YOU SHOULD NOT
INTERPRET THE SENDING OF THIS NOTICE AS ANY INDICATION OF THE
COURT’S OPINION OF THE ULTIMATE OUTCOME OF THIS CASE. PLEASE DO
NOT CONTACT THE COURT OR THE COURT CLERK WITH QUESTIONS ABOUT
THIS LAWSUIT OR NOTICE.

To:
All persons currently or formerly employed by Allconnect, Inc.
(“Allconnect”) as a “Home Service Consultant” in Atlanta, Georgia, who were
paid on an hourly basis and who claim they worked over 40 hours for Defendant in
one or more workweeks from January 28, 2011, to the present and who claim they
were not paid one and one half their regular rate for all hours worked over 40 in a
workweek.

I.

INTRODUCTION

You may be eligible to join the above-captioned collective action lawsuit
alleging violation of federal overtime wage (the “Lawsuit”).
The Lawsuit alleges that Allconnect wrongfully failed to pay its Home
Service Consultants overtime pay for those hours Home Service Consultants were
required to work off the clock in excess of 40 hours in one or more workweeks.
The Lawsuit asserts that overtime compensation for this alleged off-the-clock work
was required to be calculated at a rate not less than one and one half times the
employee’s regular rate for all hours worked over 40 in a workweek.
Allconnect denies that it failed to pay any overtime compensation owed.
Allconnect claims its employees were prohibited from accepting calls or
performing any other work “off-the-clock.” Allconnect asserts that Home Service
Consultants reviewed their hours worked at the end of each pay period and were
given the opportunity to either confirm or dispute their hours so that they could be
paid properly. Allconnect claims it paid Home Service Consultants all overtime
pay earned.
II.

YOUR RIGHT TO PARTICIPATE IN THE LAWSUIT

If you were employed by Allconnect as a “Home Service Consultant” in
Atlanta, Georgia at any time from January 28, 2011, to the present and were paid
on an hourly basis and were allegedly not paid at a rate not less than one and one
half your regular rate for all hours worked over 40 in a workweek, you may join
the Lawsuit by opting-in. To do so, complete fully the attached “Consent to Join”
form and mail, fax or e-mail it, within 45 days of the date of this Notice, to
Plaintiff’s Counsel at the following address:
Amanda Farahany
Severin Roberts
Barrett & Farahany
1100 Peachtree St., N.E., Suite 500
Atlanta, Georgia 30309
E-Mail: [e-mail]
Telephone: [phone]
Facsimile: [phone]

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It is entirely your decision whether to participate in the Lawsuit. You are not
required to take any action if you do not wish to participate. If a Consent to Join
form from you is not received by Plaintiff’s Counsel within 45 days from the date
of this notice, you will not be included as a participant in the Lawsuit.
III.

EFFECT OF JOINING THE LAWSUIT

If you choose to join the Lawsuit, you will be bound by any judgment
or settlement in this case, whether it is favorable or unfavorable. By opting-in,
you designate Ayisha Randle as your agent to make binding decisions on your
behalf concerning the litigation.
If you join this action and become a participant, you may be required to
provide information in the case. If you do not prevail on your claim, court costs
and expenses could be assessed against the Plaintiff and opt-in Plaintiffs, including
you.
This notice shall not be interpreted to mean that the Court has determined
that you are or may be entitled to any monetary recovery if you opt into the
Lawsuit. A Consent to Join form, if timely received, simply allows you to indicate
your desire to participate in this litigation. The Court later will decide if you are
“similarly situated” to the Plaintiff sufficient to allow you to continue as a
participant in this case.
Counsel for Plaintiff
If you choose to participate in the Lawsuit and agree to be represented
by the named Plaintiff through her attorneys, your counsel in this case will be
Barrett & Farahany, LLP. Alternatively, you may seek to join the Lawsuit and
retain counsel of your choice at your own expense. If you wish to retain your
own counsel, your attorney must file your Consent to Join form with the Court
and enter an appearance in this action.
IV.

IF YOU CHOOSE NOT TO JOIN THE LAWSUIT

If you choose not to join the collective action, you will not be affected by
any judgment rendered or settlement reached in this case and you will be free to
file your own lawsuit in any federal District Court where such a lawsuit may
properly be brought.

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V.

NO RETALIATION IS PERMITTED

Federal law prohibits anyone from discriminating or retaliating against you
for joining or deciding not to join in the Lawsuit.
VI.

FURTHER INFORMATION

If you have questions about this Notice, or about the Lawsuit, you may
contact Plaintiff’s counsel, Barrett & Farahany, at the telephone number or address
listed on page 2 of this Notice.

Date of Notice: _______________

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