Osmose Utilities Services, Inc. (Crew Members)

Brown, LLC has an active lawsuit regarding alleged wage and hour violations at Osmose Utilities Services, Inc.  An active lawsuit does not mean the Defendant has done anything wrong or should be presumed to have done anything wrong.  Please note – Osmose Utilities Services, Inc. denies all the allegations.

The wage and hour lawyers at Brown, LLC are looking to speak with anyone who has information regarding the following allegations.

The Defendant

Defendant Osmose Utilities Services, Inc. provides construction, maintenance, and inspection services to the utility and telecommunications industries throughout the United States.

The Employees

Potential Position(s): Crew Members (i.e. employees responsible for performing on-site construction work on utility and telecommunications equipment serviced by Defendant).

Potential Location(s): Anywhere in the United States.

Time Period: March 2018 through the present.

The Claims in the Lawsuit

The Complaint alleges Osmose Utilities Services, Inc. violated the Fair Labor Standards Act by failing to pay crew members:

  • for all hours worked, including loading and cleaning their work vehicles at the beginning of their workdays, driving and/or riding to their job sites;
  • for other portions of their workday that their foremen failed to report in Defendant’s timekeeping system, and as a result;
  • for all hours worked in excess of 40 in a workweek at a rate not less than 1.5 times their regular rate of pay.

Please note – Defendant denies each and every one of these allegations.

How to Participate

If you believe you are owed wages from the claims in the lawsuit, you may be able to join the case by signing a “Consent to Sue” form, which you can obtain HERE.

Until the Consent to Sue form is filed with the Court, the statute of limitations ordinarily continues to run. The statute of limitations under the Fair Labor Standards Act is generally 2 years, and 3 years for willful violations. Thus, if you claim wages from 2 or more years ago, they may become unrecoverable if you delay in signing your Consent to Sue form.  You can also take other routes to preserve your rights, which may include hiring your own counsel at your own expense.

If you choose to join this lawsuit, you will be bound by any judgment on any claim you may have under the Fair Labor Standards Act, whether favorable or unfavorable. This means that if you win, you may be eligible to share in a monetary award (if any); 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.

Frequently Asked Questions

Can Defendant discipline or fire me if I join the case?

No! The Fair Labor Standards Act prohibits Osmose Utilities Services, Inc. from taking any adverse action against you for participating in this lawsuit.  There is no indication as of this writing that Defendant would take any retaliatory action against anyone for participation in this lawsuit. For further information, please consult the Department of Labor’s Fact Sheet.

Will I have to testify or provide documentary proof?

Potentially, but not necessarily. Many employees obtain monetary recoveries in Fair Labor Standards Act cases without ever having to appear at court or for depositions.

At this point, you are not required to provide documentary proof of your unpaid wages. In most cases, the employer is required to provide the employee’s payroll records to the employee and his or her attorney. In fact, the Fair Labor Standards Act mandates that employers keep accurate time and payroll records. The employer cannot escape this duty by requiring you as the employee to provide proof.

However, you may be required to participate in discovery. As such, it is important that you preserve any physical or electronic evidence relating to the case that you currently possess.

Will Brown, LLC be my attorneys?

Employees who sign Retainer Agreements and/or Consent to Sue forms will be represented by Brown, LLC and The Orlando Firm, P.C. with respect to the lawsuit and claims described above.

You will not be required to pay any attorneys’ fees or court costs to the Plaintiffs’ lawyers at this time and not pay any attorneys’ fees unless you prevail. Rather, in the event the Plaintiffs prevail in the lawsuit, by either judgment or settlement, the Plaintiffs’ attorneys will request that the Court order Defendant(s) to pay the Plaintiffs’ lawyers their reasonable attorneys’ fees and reimburse them for any expenses.

How long will the case take?

Employees who sign Retainer Agreements and/or Consent to Sue forms will be represented by Brown, LLC and The Orlando Firm, P.C. with respect to the lawsuit and claims described above.

You will not be required to pay any attorneys’ fees or court costs to the Plaintiffs’ lawyers at this time and not pay any attorneys’ fees unless you prevail. Rather, in the event the Plaintiffs prevail in the lawsuit, by either judgment or settlement, the Plaintiffs’ attorneys will request that the Court order Defendant(s) to pay the Plaintiffs’ lawyers their reasonable attorneys’ fees and reimburse them for any expenses.  In fact, if you are considering joining the action and/or have other legal matters you wish to discuss the firm Brown, LLC at  877-561-0000 can offer you a free, confidential consultation.

How long will the case take?

It is very difficult to predict exactly how long a case will take. It depends on a variety of factors including the number of parties and claims involved, the rules and pace of the court, the complexity of the proofs, and the manner in which the employer defends the case.  wage-and-hour cases typically take 2-3 years, but this can be shorter or increase considerably.

Whether you are eligible to participate in this matter or not, if you have questions regarding this page, or have information regarding these allegations please contact the wage and hour lawyers at Brown, LLC by calling 877-61-0000. If you’re potentially seeking representation the call is confidential.  The lawyers at Brown, LLC can arrange to speak with you when it’s most convenient for you – including after-hours or on the weekends.

Conclusion

The United States is founded on the principle of innocent until proven guilty.  This is a civil matter stemming from a civil lawsuit, and unless and until there is a verdict against Osmose Utilities Services, Inc, then everything contained in the allegations should just be considered allegations.  Defendant Osmose Utilities Services, Inc denies all the allegations.