Schmidt v. Charleston Collision Holdings Corp LLC et al

Filing 42

ORDER granting in part and denying in part 34 Motion to Certify Class Signed by Honorable Patrick Michael Duffy on June 17, 2015. (Attachments: # 1 Addendum Authorized Notice)

IMPORTANT NOTICE ABOUT YOUR RIGHT TO JOIN A LAWSUIT
TO:

ALL CHARLESTON COLLISION AUTO BODY TECHNICIANS AND/OR PAINT
TECHNICIANS WHO WERE PAID BASED ON A COMMISSION HOUR AND
WORKED AT ANY TIME FROM MARCH 24, 2011 THROUGH THE PRESENT

RE:

YOUR RIGHT TO JOIN A LAWSUIT SEEKING TO RECOVER UNPAID OVERTIME
COMPENSATION AND UNPAID MINIMUM WAGES

DATE: [DATE OF ORDER]
1.

WHY YOU ARE RECEIVING THIS NOTICE.

This Notice is to inform you of a collective action lawsuit, filed under the Federal Fair Labor
Standards Act, in which you may be “similarly situated” to the named Plaintiffs, and to instruct you
on the procedure for participating in this lawsuit if you choose to do so.
2.

DESCRIPTION OF THE LAWSUIT.

Plaintiffs Raymond H. Schmidt and Derek Brandon Haynes (collectively referred to as the
“Plaintiffs”) filed a Complaint in the United States District Court for the District of South Carolina,
Charleston Division, Civil Action No: 2:14-CV-1094-PMD (the “Lawsuit”) seeking unpaid
minimum wages and overtime rate of one and one-half times his or her regular rate of pay for all
hours worked in excess of forty in a workweek against Charleston Collision Holdings Corp.,
Charleston Collision, LLC; Charleston Collision II, LLC; Charleston Collision III, LLC; and Andrew
J. Leone (collectively referred to as the “Defendants”). Plaintiffs pursue these claims on behalf of
themselves and all current and former Auto Body Technicians and/or Paint Technicians who worked
at any Charleston Collision location during the time period beginning March 24, 2011 through the
present and were paid on a “commission hour” rather than their actual hours worked.
Federal laws require an employer to compensate an employee (1) a minimum wage of $7.25
per hour and (2) an overtime rate of one and one-half times his or her regular rate of pay for all hours
worked in excess of forty in a workweek, unless the employee is lawfully exempt from the overtime
compensation and minimum wage requirements of the Fair Labor Standards Act. Plaintiffs assert
that the Defendants failed to pay them and other similarly situated employees all required minimum
wages and overtime compensation. Plaintiffs allege that the Defendants’ actions violate the federal
Fair Labor Standards Act, 29 U.S.C. § 201, et seq. (“FLSA”). Plaintiffs are suing to recover the
allegedly unpaid minimum wages and overtime compensation for themselves and for any other
similarly situated employee(s), and also seek to recover for themselves and for any other similarly
situated employee(s) an additional equal amount as liquidated damages, plus reasonable attorneys’
fees and costs.
The Defendants deny Plaintiffs’ claims in the lawsuit, deny any liability, and deny any
wrongdoing. The Lawsuit is in the early stages of litigation, and the Court has not ruled on the
Plaintiffs’ claims or the Defendants’ defenses.

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3.

YOUR RIGHT TO PARTICIPATE IN THIS SUIT.

You may join this Lawsuit (“opt-in”) as a Party if you are a current or former Auto Body
Technician and/or Paint Technician who worked at any Charleston Collision location during the time
period beginning March 24, 2011 through the present and were paid based on “commission hours.”
You are not required to join this lawsuit. If, however, you wish to join as a Party, you may complete
and sign the enclosed “Consent to Become a Party” form and mail it to Plaintiffs’ counsel at:
Marybeth Mullaney
Mullaney Law
321 Wingo Way, Suite 201
Mount Pleasant, South Carolina 29464
[phone] Phone
[phone] Fax
Email: [e-mail]

William C. Tucker
Tucker Law Firm, PLC
690 Berkmar Circle
Charlottesville, Virginia 22902
[phone] Phone
[phone] Fax
Email: [e-mail]

If you decide to join this lawsuit, you must return the signed form to Plaintiffs’ counsel in time for
counsel to file your “Consent to Become a Party” to this action with the Court on or before [DATE
(60 days from date of notice)]. If you fail to file a “Consent to Become a Party” with the Court on
or before this deadline, you may not be able to participate in this lawsuit.
4.

EFFECT OF JOINING THIS LAWSUIT.

If you choose to join in the Lawsuit, you will be bound by the Court’s decision, whether it is
favorable or unfavorable. If you elect to join this lawsuit, you may be required to provide
information, give a deposition under oath, produce documents, respond to written interrogatories,
and/or testify in Court, including trial. You will also give up the right to file a suit in a separate
action for the claims made in this case.
5.

NO LEGAL EFFECT IN NOT JOINING THIS LAWSUIT.

If you choose not to join this Lawsuit, your rights will not be affected by any judgment or
settlement rendered in this case, whether favorable or unfavorable to the class. If you choose not to
join in this Lawsuit, you are free to file your own lawsuit and be represented by an attorney of your
choice.
6.

NO RETALIATION PERMITTED.

Federal law prohibits any discrimination or retaliation against you because you have
exercised your rights under the FLSA by filing or joining a lawsuit seeking to enforce your rights.
Examples of prohibited retaliation include: discharge from employment; demotion; suspension; or
other adverse actions.
7.

YOUR LEGAL REPRESENATION IF YOU JOIN.

If you join this suit, your interests will be represented by the Plaintiffs’ attorneys identified in
Section 3 above. The attorneys for the Plaintiffs seek payment of attorneys’ fees on a contingency
fee basis out of any recovery. If there is no recovery, there will be no attorneys’ fees. If there is a

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recovery, the attorneys for the Plaintiffs may receive a part of any settlement obtained or money
judgment entered in favor of all of the Plaintiffs. If you join this suit and agree to be represented by
Plaintiffs’ counsel, then you agree to a contingency fee agreement, a copy of which is available from
Plaintiffs’ counsel, and you designate Plaintiffs’ counsel as your attorney to make decisions on your
behalf concerning the litigation, the method and manner of conducting the litigation, and all other
matters pertaining to this lawsuit.
8.

FURTHER INFORMATION.

Further information about this Notice, the deadline for filing a “Consent to Become a Party,”
or questions concerning this lawsuit may be obtained by writing or telephoning Plaintiffs’ counsel at
the addresses, Email addresses, or telephone numbers stated above.
THIS NOTICE AND ITS CONTENTS HAVE BEEN AUTHORIZED BY THE HONORABLE
JUDGE PATRICK MICHAEL DUFFY OF THE U.S. DISTRICT COURT FOR THE
DISTRICT OF SOUTH CAROLINA. THE COURT HAS MADE NO DECISION
REGARDING THE MERITS OF PLAINTIFFS’ CLAIMS OR DEFENDANTS’ DEFENSES.
DO NOT CONTACT THE CLERK OF COURT REGARDING THIS NOTICE.

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