Ehmann v. Pierce Manufacturing Inc

Filing 99

ORDER granting in part and denying in part 85 Motion to Certify Class. (Attachments: # 1 Notice) (cc: all counsel) (Griesbach, William)

UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF WISCONSIN
GREEN BAY DIVISION

ERIC EHMANN, on behalf of himself and all
others similarly situated,
Plaintiff,
v.

Case No. 16-CV-247

PIERCE MANUFACTURING, INC.,
Defendant.

NOTICE OF PENDENCY OF LAWSUIT

TO:

ALL HOURLY PRODUCTION EMPLOYEES AND CONTRACTORS AT PIERCE
MANUFACTURING, INC.’S WISCONSIN FACILITIES WHO AT ANY TIME
BETWEEN FEBRUARY 29, 2013 AND FEBRUARY 21, 2016 WORKED A SHIFT
THAT INCLUDED A 20 MINUTE MEAL BREAK AND WERE NOT PAID FOR
THE ENTIRETY OF THE BREAK(S).

RE:

FAIR LABOR STANDARDS ACT LAWSUIT FILED AGAINST PIERCE
MANUFACTURING, INC.

INTRODUCTION
The purpose of this Notice is to inform you of a collective action lawsuit in which you are
potentially “similarly situated” to the named Plaintiff, to advise you of how your rights may be
affected by this action, and to instruct you on the procedures to make a claim if you choose to do so.

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DESCRIPTION OF THE ACTION
On February 29, 2016, a Complaint was filed against the Defendant, Pierce Manufacturing,
Inc. (“Pierce”). The lawsuit includes claims by the named Plaintiff on behalf of all other similarlysituated individuals, defined as hourly production employees and contractors at Pierce’s Wisconsin
facilities who at any time between February 29, 2013 and February 21, 2016 (the “Relevant Period”)
worked a shift that included a 20 minute meal break and were not paid for the entirety of the break(s)
(collectively, the “Potentially Similarly-Situated Group”).
During the Relevant Period, Pierce provided certain hourly production employees and
contractors at its Wisconsin facilities a 20 minute meal break, and paid such employees and
contractors for 10 minutes, or half, of the break. Plaintiff alleges that Pierce’s practice of paying for
only half, rather than all, of the 20 minute meal break violated the Fair Labor Standards Act
(“FLSA”), 29 U.S.C. § 201, et seq. The Plaintiff alleges that as a result of this practice, he and the
Potentially Similarly-Situated Group were denied compensation due to them under the FLSA,
including applicable overtime for all hours worked over forty (40) in each workweek. Pierce denies
that its practices violated the FLSA.
COMPOSITION OF THE POTENTIALLY SIMILARLY-SITUATED GROUP
Plaintiff, an Assembler, works in a production capacity at Pierce in the State of Wisconsin.
Plaintiff seeks to sue on behalf of himself and other individuals with whom he is similarly situated.
Specifically, he seeks to sue on behalf of any and all individuals who meet the following requirements:
1.

Performed work (whether as an employee or contractor placed through a third-party
staffing agency) at any of Pierce’s Wisconsin facilities in a production position,
including but not limited to: Assembler, Automotive Painter, Automotive
Collision/Refinisher, Bar Operator, C.O.W. Assembler, Cab Electrician, Cab Welder,
Chassis Assembler, Checkout Assembler, Checkout Technician, Customer
Acceptance Coordinator, Delivery Technician, Detailer, Electrical Assembly,
Electrician, Fabricator, Finish Painter, Graphic Applic Tech, Inspector, Installer,
Machine Operator, Machine Operator II, Maintenance Technician, Material
Coordinator, Material Handler, Metal Finish Technician, New Product Development,
Painter, Painter II, Performance Tester, Plumber, Plumbing Assembler, Pump
Plumbing Assembler, Pump House Plumber, Pump Mechanic, Pump Technician,
Quality Inspector, Refinisher, Service Technician, Service Technician II, Shipping
Clerk, Team Lead, Test Driver, Tester, Truck Driver, Welder, Welder II, Welder
Assembler, and/or Welder Fabricator;

2.

Were paid on an hourly basis; and

3.

At any time during the Relevant Period, worked a shift that included a 20 minute meal
break, and were not paid for the entirety of such break(s).
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YOUR RIGHT TO PARTICIPATE IN THIS ACTION
If you believe you fit the above description of the Potentially Similarly-Situated Group, you
may choose to join this action by mailing, faxing, or emailing the attached Consent to Join Form, as
well as the Questionnaire to:
Walcheske & Luzi, LLC
Attn: James A. Walcheske
15850 W. Bluemound Road, Suite 304
Brookfiled, WI 53005
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
The Consent to Join Form and Questionnaire must be received by Plaintiff’s Counsel on or
before 45 days from the date of this notice for you to participate in this case.
EFFECT OF JOINING OR NOT JOINING THIS ACTION
If you join this action, you will be bound by any ruling, judgment, award, or settlement,
whether favorable or unfavorable made in the action. If you do not join this action, you will not be
bound by any ruling, judgment, award or settlement in this case, favorable or unfavorable. If you
choose not to join this action, you are free to take action on your own or do nothing at all.
If you join this action, you may be required to provide information or otherwise participate
in it. If you file a Consent to Join Form, your continued right to participate in this action will depend
upon a decision by the Court that you and the named Plaintiff are “similarly situated” in accord with
applicable law, and it is appropriate for the case to proceed as a collective action under the FLSA.
STATUTE OF LIMITATIONS
The FLSA has statutes of limitations of two or three years. If you choose to join this action,
you may be able to recover damages if you were denied proper compensation, including overtime pay,
for hours worked during the two or three years prior to the date your Consent to Join Form is filed
with the Court. If you choose not to join 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
The law prohibits retaliation against employees for exercising their rights under the FLSA.
Therefore, Pierce is prohibited from terminating you or otherwise retaliating against you in any
manner because you choose to participate in this action.

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YOUR LEGAL REPRESENTATION IF YOU JOIN
If you choose to join the action by filing a Consent to Join Form, your interests will be
represented by Plaintiff’s Counsel, Walcheske & Luzi, LLC.
Plaintiff’s Counsel has taken this case on a contingency basis. They may be entitled to receive
attorneys’ fees and costs from Pierce, should there be a recovery or judgment in Plaintiff’s favor. If
there is a recovery, Plaintiff’s Counsel will receive a part of any settlement obtained or money
judgment entered in favor of all members of the class and may receive fees ordered by the Court. Any
payment of fees will require approval of the Court. If there is no recovery or judgment in Plaintiff’s
favor, Plaintiff’s Counsel will not seek any attorneys’ fees or costs from Plaintiff or any individuals
who joined the action.
THIS NOTICE AND ITS CONTENTS HAVE BEEN AUTHORIZED BY THE U.S.
DISTRICT COURT, EASTERN DISTRICT OF WISCONSIN, HONORABLE CHIEF
JUDGE WILLIAM C. GRIESBACH. THE COURT TAKES NO POSITION
REGARDING THE MERITS OF PLAINTIFF’S CLAIMS OR DEFENDANT’S
DEFENSES.
Do Not Contact the Court or the Clerk of the Court Regarding This Notice.

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PIERCE MANUFACTURING, INC. CONSENT TO JOIN FORM
Pursuant to 29 U.S.C. § 216(b), I hereby consent to make a claim against Pierce Manufacturing, Inc.
(“Pierce”) for overtime and/or any other claim for wages brought in this action against Pierce. If this
case does not proceed collectively, I also consent to join any subsequent action to assert these claims
against Pierce. I hereby authorize the filing and prosecution of this Fair Labor Standards Act action
in my name and on my behalf and designate Eric Ehmann as class representative to make decisions
on my behalf concerning 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.
During the past three years, I: (a) worked in a production position at one of Pierce’s Wisconsin
production facilities; (b) worked a shift that included a 20 minute meal break; and (c) was not paid
for the entirety of all such meal break(s).

NAME:

____________________________________
Please Print Name

SIGNATURE:

____________________________________
Please Sign Name

DATE:

____________________________________
Date

Walcheske & Luzi, LLC
ATTN: James A. Walcheske
15850 W. Bluemound Road, Suite 304
Brookfield, WI 53005
262-780-1953 (main phone)
920-757-2440 (alt phone)
262-565-6469 (fax)
[e-mail]

Please mail or email to:
Favor de regresar esta forma a:

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PLEASE COMPLETE AND RETURN WITH THE CONSENT FORM

NAME: _________________________________________________________________________

TELEPHONE NUMBER: __________________________________________________________

E-MAIL ADDRESS: _____________________________________________________________

ADDRESS: _____________________________________________________________________

CITY: _______________________________ STATE: __________ ZIP CODE: _______________

DATES OF EMPLOYMENT: _____________________________________________________

JOB POSITION(S): ______________________________________________________________

HOURLY RATE OF PAY: ________________________________________________________

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