Totte et al v. Quick Lane Oil & Lube et al

Filing 36

ORDER AS TO COLLECTIVE ACTION PROCEDURES Signed by District Judge Avern Cohn. (Attachments: # 1 Exhibit A) (MVer)

Exhibit A

NOTICE OF RIGHT TO OPT-IN TO LAWSUIT
TO:

ALL CURRENT AND FORMER EMPLOYEES WHO WORKED FOR
QUICK LANE OIL & LUBE, INC. AS OIL CHANGE TECHNICIANS
BETWEEN AUGUST 2, 2013 AND AUGUST 2, 2016 AND WHO WERE
NOT COMPENSATED FOR ALL HOURS WORKED INCLUDING ONE
AND ONE-HALF THE REGULAR RATE FOR HOURS IN EXCESS OF
40 IN A WORKWEEK

RE:

FAIR LABOR STANDARDS ACT LAWSUIT FILED AGAINST QUICK
LANE OIL & LUBE, INC.

1.

INTRODUCTION

This Notice is to inform you about a lawsuit in which you may be eligible to make a
claim for damages under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq.,
to advise you of how your rights may be affected by this lawsuit, and to instruct you on
the procedure for participating in this lawsuit, if you so choose.
2.

DESCRIPTION OF THE LAWSUIT

Plaintiffs Tom Totte, Cody Hitch, and John Merrell, on behalf of themselves and other
employees similarly situated, filed a lawsuit in the U.S. District Court for the Eastern
District of Michigan against Quick Lane Oil & Lube, Inc. and Talha Hares.
The lawsuit alleges defendants violated the FLSA minimum-wage and overtime-wage
provisions, 29 U.S.C. §§ 206, 207, by not paying employees at least the minimum wage
for all hours worked and not paying employees the overtime rate of 1.5 times the regular
rate of pay for hours worked in excess of 40 hours in a workweek. Plaintiffs allege that
they are entitled to recover wages and also seek an equal amount as liquidated
damages, in addition to attorneys’ fees and costs. This litigation is in the early pretrial
stage.
Defendants deny that additional money is owed to employees for time worked.
3.

PERSONS ELIGIBLE TO RECEIVE THIS NOTICE

The U.S. District Court for the Eastern District of Michigan has approved this Notice to
be distributed to:
ALL CURRENT AND FORMER EMPLOYEES WHO WORKED FOR
QUICK LANE OIL & LUBE, INC. AS OIL CHANGE TECHNICIANS
BETWEEN AUGUST 2, 2013 AND AUGUST 2, 2016 AND WHO WERE
NOT COMPENSATED FOR ALL HOURS WORKED INCLUDING ONE
AND ONE-HALF THE REGULAR RATE FOR HOURS IN EXCESS OF 40
IN A WORKWEEK.

4.

NO OPINION EXPRESSED AS TO MERITS OF LAWSUIT

This notice is meant only to provide employees who are eligible to receive information
about their right to join this lawsuit if they wish.
Although the notice and its contents have been authorized by the Court, the Court
takes no position regarding any claims or defenses. There is no assurance that
the Court will grant relief in this case.
5.

YOUR RIGHT TO PARTICIPATE IN THIS LAWSUIT

If you meet the description in paragraph 3, and believe defendants failed to compensate
you at least the minimum wage and one and one-half your regular rate of pay for hours
worked in excess of 40 hours, you are eligible to participate in this lawsuit.
There is no cost to you to participate, but there is no guarantee of recovery either. If a
violation of the FLSA is proven, the law allows you to recover damages for regular hours
worked in which you were not paid the minimum wage and overtime hours in which you
were not paid one and one-half times your regular rate of pay, plus an equal amount in
liquidated (double) damages as a penalty.
It is entirely your own decision whether to join this lawsuit.
6.

EFFECT OF JOINING THIS LAWSUIT

If you choose to join this lawsuit, you will be bound by any judgment on any claim you
may have under the FLSA, whether favorable or unfavorable. That means that, if you
win, you may be eligible to share in the monetary award; if you lose, no money will be
awarded, and you will not be able to file another lawsuit regarding the matters raised in
the lawsuit.
While this lawsuit is proceeding, you may be required to respond under oath to written
questions, to have your deposition taken, to produce documents, and/or to testify in
court at a trial or hearing in the Theodore Levin U.S. Courthouse in Detroit, Michigan.
7.

NO LEGAL EFFECT IN NOT JOINING THIS LAWSUIT

If you choose not to join this lawsuit, you will not be affected or bound by any judgment,
favorable or unfavorable, on any claims brought under the FLSA alleged in this lawsuit.
You will retain all rights, if any, that you may have under the FLSA and may file your
own lawsuit or complaint with the U.S. Department of Labor, subject to time limitations.

YOUR LEGAL REPRESENTATION IF YOU JOIN
If you join the lawsuit, the attorneys retained to represent the plaintiffs are:
Law Offices of Bryan Yaldou, PLLC
23000 Telegraph Rd., Suite 5
Brownstown, MI 48134
If you choose to join this lawsuit, the law firm listed above will represent you unless
you obtain an attorney. You are not required to pay attorneys’ fees or court costs at
this time. If plaintiffs prevail, plaintiffs’ counsel will seek an order requiring defendants
to pay reasonable attorneys’ fees and expenses. The Court must approve any award
of attorneys’ fees.
You have the option to retain an attorney of your own choice to represent you.
8.

HOW TO JOIN THIS LAWSUIT

If you wish to join this lawsuit, you must complete, sign and mail the enclosed
Consent to Sue form in the envelope provided to:
[CLAIMS ADMINISTRATOR]
Once your Consent to Sue form is received, it will be filed with the Court to initiate your
claim in the case. The deadline to join this case is ___, 2017.
If you file a Consent to Sue form, your continued right to participate in this lawsuit may
depend upon a later decision by the Court that you and plaintiffs are similarly situated.
9.

DEADLINE

You have 60 days from the date of this notice to return your Consent to Sue form to the
claims administrator.
10.

NO RETALIATION PERMITTED

The FLSA prohibits employers from discriminating or retaliating against any person for
filing a claim for compensation, assisting or testifying in a lawsuit under the FLSA, or
participating in a proceeding or exercising rights under the FLSA.
11.

FURTHER INFORMATION

For further information about this lawsuit, you may contact the claims administrator.

DO NOT CONTACT THE COURT REGARDING THIS LAWSUIT
CONSENT TO SUE
I state that I worked as an employee of defendants and was not compensated for
all hours that I worked including one and one-half my regular rate of pay for hours
worked in excess of 40 hours in a workweek.
I hereby consent to sue Quick Lane Oil & Lube, Inc. and Talha Hares for
damages including unpaid wages under the FLSA. I designate the Law Offices of Bryan
Yaldou, PLLC to represent me in this matter.

Signed: ____________________________________
Dated: _____________

Name (Print): ____________________________________

Address:

_________________________________________

City/State/ZIP:

_________________________________________

Telephone No.:

_________________________________________