Holmes, Eric v. Sid's Sealants, LLC et al

Filing 43

ORDER granting 29 Motion for Conditional Certification of Class. Signed by District Judge William M. Conley on 11/28/2017. (Attachments: # 1 Notice of Pendency of Lawsuit) (voc)

NOTICE OF PENDENCY OF LAWSUIT
TO: All hourly jobsite employees of Either Sid’s Sealants or North Shore Restoration on
or after December 12, 2013.
You are receiving this Notice because you are and/or were an hourly jobsite employee of either
Sid’s Sealants or North Shore Restoration for the time period on or after December 12, 2013.
PURPOSE OF NOTICE
This Notice is to inform you about a lawsuit in which you are potentially eligible to participate;
how your rights under the Fair Labor Standards Act (“FLSA”) may be affected by this lawsuit;
and how to join in this lawsuit, should you choose to do so. Please note that this Notice is only for
the purpose of determining the identity of those persons who wish to be involved in this action.
This Notice does not mean that you have a valid claim or that you are entitled to any monetary
recovery. Any such determination must still be made by the Court.
DESCRIPTION OF THE LAWSUIT
A lawsuit has been brought by Eric Holmes (“Plaintiff”) against both Sid’s Sealants and North
Shore Restoration in the United States District Court for the Western District of Wisconsin (Case
No. 16CV821). The lawsuit alleges that both Sid’s Sealants and North Shore Restoration violated
the FLSA rights of some employees by not consistently paying time and a half to employees who
worked more than 40 hours per week; and by not paying employees for their return trips from the
jobsite back home or to the shop when: (a) they traveled home from a faraway jobsite; (b) they
worked at the shop after returning; or (c) their return trip was to a different jobsite where they
continued to work.
The defendants deny violating the FLSA and contend that all employees were properly paid
overtime as required by law.
WHO IS SENDING THE NOTICE
This Notice is authorized by the United States District Court for the Western District of Wisconsin.
We are the lawyers representing Plaintiff and other potential class members who timely consent
to join this lawsuit. We are from the Previant Law Firm, S.C. We prepared and sent this Notice
to you. Although the judge in this case allowed us to send you this Notice, the judge has expressed
no opinion about the legal or factual merits of Plaintiff’s claims, Defendants’ defenses or whether
the Plaintiff or any other similarly situated employees are entitled to recover any monies in this
action.
YOUR RIGHT TO PARTICIPATE IN THIS SUIT
If you wish to join this lawsuit, and assert a federal law wage claim against Sid’s Sealants and
North Shore Restoration, you must sign, date, and mail the attached Consent Form to the address
listed below, which is also printed on the enclosed envelope. It is entirely your own decision

whether to participate in this lawsuit and you may, of course, consult your own counsel before
deciding how you wish to proceed.
RETALIATION PROHIBITED
The law prohibits anyone, including your employer, from discriminating or retaliating against you
for taking part in this case or because you have exercised your rights under the Fair Labor
Standards Act.
HOW AND WHEN TO JOIN THE SUIT
Enclosed you will find a Consent Form. If you choose to join this lawsuit, it is extremely important
that you read, sign and return the Consent Form before ____________. The Consent Form is preaddressed and postage-paid for your convenience. Should the enclosed form become lost or
misplaced, please contact the lawyers listed at the bottom of this Notice.
If your signed Consent Form is not mailed by ____________, you will not be able to participate
in this lawsuit, nor participate in any recovery obtained under the FLSA against the Defendants in
this lawsuit.
It also is very important that you return the Consent Form as early as possible because the statute
of limitations determines how far back you may be eligible for unpaid wages and overtime
compensation under the Fair Labor Standards Act. Thus, if you decide to join the lawsuit, the
longer you take to return the form, the more likely it is that the amount of your potential recovery
will be reduced.
If you have any questions about filling out or sending in the Consent Form, you may contact the
lawyers listed on the bottom of this Notice.
EFFECT OF JOINING THIS LAWSUIT
You will be bound by the judgment, whether favorable or unfavorable. While this lawsuit is
pending, individuals who join the lawsuit may be required to provide information or documents,
appear for a deposition, testify at trial or otherwise participate in this action.
By joining this lawsuit, you designate Eric Holmes as your agent to make decisions on your behalf
concerning the litigation, the method and manner of conducting this litigation and to look out for
the best interests of the class. The decisions and agreements made and entered into by the Plaintiff
will be binding on you if you join this lawsuit, unless you choose to withdraw your consent.
The representative Plaintiff in this lawsuit has entered into a contingency fee agreement with
Plaintiff’s lawyers, which means that if there is no recovery, there will be no attorney’s fees or
costs chargeable to you from Plaintiff’s lawyers. If there is a recovery, Plaintiff’s lawyers will be
paid attorney’s fees in an amount that is subject to the discretion of the court.

The risks in joining this lawsuit may include: (1) being required to participate in the litigation by
providing information or documents, or testifying at deposition and/or trial; and (2) having a
portion of the defendants’ court costs and expenses assessed against you if the Plaintiff does not
win on any of the claims. You should contact the lawyers listed on the bottom of this Notice if
you have any questions about the effects of joining this lawsuit.
If you choose not to join this lawsuit, you will not be affected by any judgment or settlement of
the Fair Labor Standards Act claims in this case, whether favorable or unfavorable to the class.
You will not be entitled to share any amounts recovered by the class. You will be free to file your
own lawsuit, if you wish to do so.
RIGHT TO CONSULT WITH US
If you want to talk with us about this lawsuit, please feel free to call, write, or email us during your
non-work time to the below address, email address, and telephone number:
Atty. Yingtao Ho
THE PREVIANT LAW FIRM, S.C.
310 W. Wisconsin Ave. Suite 100MW
Milwaukee, WI 53212
Tel: [phone]
Fax: [phone]
E-Mail: [e-mail]