Defendants do business as “Servpro of Jamestown / Olean,” a restoration company for residential and commercial properties.
- Position(s): Hourly-paid technicians
- Location(s): anywhere in the United States
- Time Period: May 2019 through the present.
The Claims in the Lawsuit
The Complaint alleges that Defendants willfully violated the Fair Labor Standards Act (“FLSA”) and the New York Labor Law, ( “NYLL”). Plaintiff and other hourly-paid, non-exempt technicians of Defendants allegedly worked over 40 hours per week but did not receive compensation for all hours worked due to Defendants’ common unlawful policy of automatically deducting two 15-minute breaks per shift from their recorded time.
- 05/25/22: the case was filed in the United States District Court for the Western District of New York.
How to Participate
If you believe you are owed wages from the FLSA claims in the lawsuit, you can join the case by signing a “Consent to Join” form, which you can obtain HERE.
Until the Consent to Join form is filed with the Court, the statute of limitations for FLSA claims ordinarily continues to run. The statute of limitations under the FLSA is 2 years, and 3 years for willful violations. Thus, if you claim wages under the FLSA from 2 or more years ago, they may become unrecoverable if you delay in signing your Consent to Join form.
If you choose to join this lawsuit, you will be bound by any judgment on any claim you may have under the FLSA, whether favorable or unfavorable. This means that if you win, you may be eligible to share in the monetary award; 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.
If you are interested in participating in this case or have further questions, please contact our office by emailing FLSAGroup@jtblawgroup.com or calling (877) 561-0000.
Frequently Asked Questions
Can Defendant discipline or fire me if I join the case?
No! The Fair Labor Standards Act prohibits retaliation and imposes harsh measures against employers who retaliate. For further information, please consult the Department of Labor’s Fact Sheet.
Will I have to testify or provide documentary proof?
Not necessarily. Many employees obtain monetary recoveries in Fair Labor Standards Act cases without ever having to appear at court or for depositions.
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, it is still important that you preserve any physical or electronic evidence relating to the case that you currently possession.
Will Brown, LLC be my attorneys?
Employees who sign Retainer Agreements and/or Consent to Join forms will be represented by Brown, LLC 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?
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.
When and if a settlement is reached, additional time is needed to prepare settlement documents, calculate settlement allocations, and seek and await the court’s review and approval of the settlement. Wage-and-hour cases typically take 2-3 years, but this can be shorter or increase considerably.