NOTICE OF PENDING FAIR LABOR STANDARDS ACT LAWSUIT
NOTICE OF YOUR RIGHTS IN CONNECTION WITH PENDING FAIR LABOR STANDARDS ACT LAWSUIT AGAINST G4S SECURE SOLUTIONS (USA) INC.:
TO: All Security Officers, regardless of actual title, who worked for G4S Secure Solutions (USA) Inc. from February 27, 2017 to the present at any client site in Arizona.
RE: Fair Labor Standards Act lawsuit against G4S Secure Solutions (USA) Inc. for alleged failure to pay overtime to Security Officers working in Arizona from February 27, 2017 to the present.
You have received this Notice because you may be eligible to join or “opt in” to a lawsuit involving the Fair Labor Standards Act (“FLSA”). The purpose of this Notice is to inform you of the existence of a collective action lawsuit in which you potentially are “similarly situated” to the named Plaintiff, to advise you of how your rights may be affected by this lawsuit, and to instruct you on the procedure for potentially participating in this lawsuit.
II. DESCRIPTION OF THE LAWSUIT
On April 15, 2019, Plaintiff Chad Shoults filed a Complaint in the United States District Court, District of Arizona against G4S Secure Solutions (USA) Inc. Plaintiff was a Security Officer for G4S Secure Solutions (USA) Inc. in Arizona. The case number is: 2:19-cv-02408-GMS.
Plaintiff alleges that he and the other Security Officers in Arizona were required by G4S Secure Solutions (USA) Inc. to perform work off the clock before and after the start of their shifts. This work included tasks like completing the pass down of information among Security Officers, exchanging equipment, and attending mandatory meetings. As a result of that off the clock work, Plaintiff alleges that he and other Security Officers who worked for G4S Secure Solutions (USA) Inc. in Arizona are owed overtime pay under the FLSA, 29 U.S.C. § 207. Plaintiff also alleges that G4S Secure Solutions (USA) Inc. willfully violated the FLSA by failing to pay overtime.
Plaintiff seeks to recover damages on behalf of himself and the other Security Officers who join this lawsuit, including the amount of overtime compensation they have been denied, pre- and post-judgment interest on the amount of overtime compensation denied, liquidated damages, equitable relief, an award of reasonable attorneys’ fees, costs and expenses, and such other relief as the Court may deem proper.
G4S Secure Solutions (USA) Inc. denies the allegations in Plaintiff’s Complaint and maintains that no wages, compensation, damages, fees, or any other relief are due or proper. G4S Secure Solutions (USA) Inc. maintains that it had proper policies and procedures regarding off the clock work and that Plaintiff did not perform work off the clock.
III. YOUR RIGHT TO JOIN THIS LAWSUIT
If you worked for G4S Secure Solutions (USA) Inc. as a Security Officer in Arizona any time from February 27, 2017 to the present, you may join this case (that is, you may “Opt-In”) by completing and mailing, emailing, or faxing the enclosed “Consent to Opt-In to Lawsuit form” form to the Plaintiff’s counsel at the following address:
Ty D. Frankel, Esq.
BONNETT, FAIRBOURN, FRIEDMAN & BALINT, P.C.
2325 East Camelback Road
Phoenix, AZ 85016-3422
Tel: (855) 441-5999
Fax: (602) 274-1199
The form must be sent to Plaintiff’s counsel in sufficient time to have Plaintiff’s counsel file it with the federal court on or before December 21, 2020. If you fail to return the Consent to Opt-In to Lawsuit form to the Plaintiff’s counsel in time for it to be filed with the federal court on or before the above deadline, you will not be able to participate in this lawsuit. You are not required to participate.
IV. EFFECTS OF JOINING THIS LAWSUIT
If you choose to join this lawsuit, you will be bound by the settlement or judgment concerning the FLSA claims, whether it is favorable or unfavorable. While the lawsuit is proceeding, you may be required to provide information, respond to discovery requests, appear for a deposition, and/or testify in court. If you join the case and do not participate in required discovery, there could be sanctions against you including dismissal of your claims.
The attorneys for the named Plaintiff are being paid on a contingency fee basis, which means that if there is no recovery, there will be no attorneys’ fee. If there is a recovery, the Plaintiff’s counsel will receive a part of any settlement obtained or money judgment entered in favor of all the members of the collective action. Plaintiff’s counsel is also entitled to fees awarded by the Court. Plaintiff’s counsel’s fees may be subtracted from the recovery obtained from G4S Secure Solutions (USA) Inc., or they may be paid separately by G4S Secure Solutions (USA) Inc., or they may be a combination of the two. If you sign and return the Consent to Opt-In to Lawsuit form attached to this Notice, you are agreeing to designate the named Plaintiff in the collective action as your agent to make decisions on your behalf concerning the litigation, the method and manner of conducting this litigation, the entering of an agreement with Plaintiff’s counsel concerning attorneys’ fees and costs, the entering into a settlement agreement or other resolution of this case, and all other matters pertaining to this lawsuit. The decisions and agreements made and entered into by the named Plaintiff will be binding on you if you join this lawsuit. However, the Court has jurisdiction to determine the reasonableness of any contingency fee agreement entered into by the Plaintiff with counsel and to determine the adequacy of the Plaintiff’s counsel.
Furthermore, you can join this lawsuit by counsel of your own choosing. If you do so, your attorney must file an “opt-in” consent form by December 21, 2020.
V. EFFECTS IN NOT JOINING THIS LAWSUIT
If you choose not to join this lawsuit, you will not be affected by the judgment or settlement, favorable or unfavorable. If you do not choose to file a consent form with the district court, you will not receive any compensation for G4S Secure Solutions (USA) Inc.’s alleged failure to pay overtime if Plaintiff prevails or otherwise resolves the case.
VI. NO JUDICIAL OPINION EXPRESSED AS TO THE MERITS OF THE CASE
This Notice and its contents have been authorized by the federal district court. The Court has taken no position regarding the merits of Plaintiff’s claims or G4S Secure Solutions (USA) Inc.’s defenses.
VII. NO RETALIATION OR DISCRIMINATION PERMITTED
Federal law makes it illegal for G4S Secure Solutions (USA) Inc. to retaliate against you because you have exercised your right under the FLSA to participate in this lawsuit.
VIII. RELEASE OR WAIVER OF FLSA RIGHTS
If you have signed a release or waiver regarding overtime or any other rights under the FLSA, you may still be able to participate in this lawsuit.
IX. LEGAL REPRESENTATION IF YOU JOIN THE LAWSUIT
If you choose to join this lawsuit without hiring your own individual counsel, you will be represented by the law firm of Bonnett, Fairbourn, Friedman & Balint, P.C. The names and contact information for counsel for the Plaintiff and the individuals who opt-in to this lawsuit are: Ty D. Frankel and Patricia N. Syverson, Bonnett, Fairbourn, Friedman, & Balint, P.C., 2325 East Camelback Road, Suite 300, Phoenix, AZ 85016-3422,(855) 441-5999.
X. ADDITIONAL INFORMATION
Further information about this Notice, the deadline for filing a Consent to Opt-In to Lawsuit, or questions concerning this lawsuit may be obtained by writing or phoning Plaintiff’s counsel at the telephone number and address stated in Paragraph IX above. E-mailing Plaintiff’s counsel is also permitted at firstname.lastname@example.org or email@example.com.