Opinion
2:23-cv-12447-SKD-CI
07-24-2024
TANZANIA MILLER, Individually and for Others Similarly Situated v. NEXCARE HEALTH SYSTEMS, LLC, et. al
Hon. Susan K. DeClerq
Magistrate Judge Curtis Ivy, Jr
FLSA Collective Action
NOTICE OF LAWSUIT ALLEGING UNPAID OVERTIME
TO: All hourly employees who worked at Valley View Care Center, LLC's location (1050 4 Mile Rd NW, Grand Rapids, MI 49544) and received a meal period deduction at any time during the past three years.
RE: Collective action lawsuit alleging unpaid overtime and back wages.
DEADLINE TO RETURN CONSENT FORM: _________, 2024
This date will be 60 days after the day the Notice is mailed/emailed/texted.
1. Why Are You Getting This Notice?
You received this Notice because the court has allowed this Notice to be sent to persons who are identified by personnel records as hourly employees performing work at Valley View Care Center location and received a meal period deduction at any time during the past three years.
Specifically, pursuant to an agreement between the Parties, the Court has authorized Miller's counsel to send you this Notice regarding the ongoing action lawsuit that may affect your legal rights to unpaid wages. This Notice is intended to advise you of how your rights under the Fair Labor Standards Act (FLSA) may be affected by this lawsuit and describe how you can elect to participate or not participate in this collective action regarding alleged unpaid wages. The Court has taken no position regarding the merits of the claims or defenses at issue.
2. What Is This Lawsuit About?
Tanzania Miller, a former employee who worked at Valley View Care Center, filed this collective action lawsuit on behalf herself and other hourly workers who were paid hourly and received one or more meal period deductions of time from their paid hours worked. Ms. Miller alleges that she and other employees worked off the clock during meal periods which resulted in overtime for which they were not paid, contrary to federal law requirements for hourly workers. Ms. Miller seeks back wages in the form of unpaid overtime wages, double damages (liquidated damages), plus attorneys' fees, and costs for herself and all other similarly situated workers.
Defendant denies Ms. Miller's allegations and has asserted various defenses. Defendant contends that all hourly employees performing work at Valley View Care Center, LLC, were properly paid for all hours worked and that no damages are owed.
The Court has not ruled on the merits of this lawsuit but has allowed this Notice to be sent to you to inform you that you can make a claim for any unpaid overtime wages. Should Ms. Miller prevail in this lawsuit, you may recover damages for unpaid overtime wages due to time worked off the clock during the three-year period prior to this Notice being sent. The relevant time period for your claim will be calculated based on the date you return a completed Consent to Join Wage Claim Form, which is attached to this Notice.
3. Are You Eligible to Join This Lawsuit?
You are eligible to join this lawsuit if:
1: You are/were an employee of NexCare and/or of Valley View Care Center, LLC;
AND
2. You worked at the Valley View Care Center location (1050 4 Mile Rd NW, Grand Rapids, MI 49544) at any point during the past three years;
AND
3: You were an hourly employee (paid by the hour);
AND
4: Your personnel records indicate you were subjected to one or more meal period deductions of time.
4. What Are Your Options?
If you want to join this lawsuit and make a claim for unpaid overtime wages, you must read, sign, and return the attached Consent to Join Wage Claim Form by _____________, 2024. You may return your Consent to Join Overtime Wage Claim Form by filling out the attached form and returning it by mail, email, or fax to:
60 days from the issuance of Notice.
Overtime Lawsuit Against NexCare/Valley View (Miller)
Josephson Dunlap, LLP
11 Greenway Plaza, Suite 3050, Houston, Texas 77046
Telephone: (888) 992-2990 • Fax: (713) 352-3300
Email: info@mybackwages.com
If you do not wish to be a part of the collective action lawsuit, you do not need to do anything. The decision to join or not to join is entirely yours.
5. Effect Of Making a Claim For Unpaid Overtime Wages
If you return a Consent to Join Overtime Wage Claim Form, you will join other employees who performed work at Valley View Care Center, LLC, and have made a claim for unpaid overtime wages. If this case is successful, you will be entitled to a pro rata share of back wages and other damages.
If you sign this Notice, you will be considered a party to the litigation with all rights and responsibilities of a party, including to provide and participate in discovery proceedings, and may be subject to costs or entitled to costs pursuant to Fed.R.Civ.P. 54(d)(1).
Because the FLSA only allows workers to recover up to the past three (3) years of back wages, eligible workers who do not timely join this litigation by returning a Consent to Join Overtime Wage Claim Form may lose their rights to recover overtime for work performed in the past for Defendant unless bringing a new, separate claim.
6. Retaliation Is Prohibited
This Court and Federal law prohibit anyone from firing or in any other way discriminating against you because you join this case. Defendant has agreed to abide by the law in this regard.
7. Your Legal Representation If You Join
If you choose to join this collective action lawsuit by submitting the Notice of Consent attached to this Notice, you are agreeing to be represented by the Plaintiff's attorneys, and your attorneys in this action will be Michael A. Josephson, Andrew W. Dunlap and Alyssa White of the law firm JOSEPHSON DUNLAP, LLP and Richard (Rex) Burch of the law firm BRUCKNER BURCH PLLC. Their contact information is listed below.
8. How Can You Receive More Information?
If you have any questions about the collective action or your legal rights, you should contact counsel for the class of Defendant's hourly employees directly at:
Michael A. Josephson Andrew W. Dunlap Alyssa White JOSEPHSON DUNLAP LLP 11 Greenway Plaza, Suite 3050 Houston, Texas 77046 Tel: (713) 352-1100 Fax: (713) 325-3300 Email: info@mybackwages.com
Richard J. (Rex) Burch BRUCKNER BURCH, PLLC 11 Greenway Plaza, Suite 3025 Houston, Texas 77046 Tel: (713) 877-8788 Fax: (713) 877-8065 Email: frontdesk@brucknerburch.com
You should not contact the Court to discuss this matter.
9. You Have Sixty (60) Days To Join This Lawsuit.
Your determination of whether or not to take action should be made promptly. Because the law only allows a person to recover up to three (3) years of back wages from the date the Consent to Join Overtime Wage Claim Form is filed, time is of the essence in submitting this form if you wish to have the opportunity to make a full recovery. All consent forms must be received no later than ____________, 2024, which is sixty (60) days after this Notice was mailed to you. A Consent to Join Overtime Wage Claim Form is enclosed with a self-addressed stamped envelope.
CONSENT TO JOIN OVERTIME WAGE CLAIM
Print Name: __________
1. I hereby consent to participate in a collective action lawsuit styled Miller v. NexCare Health Systems, LLC, et. al (the Lawsuit) to pursue my claims of alleged unpaid overtime under the Fair Labor Standards Act (FLSA) during the time that I worked at the Valley View Care Center.
2. I understand that this lawsuit is brought under the FLSA, and I consent to be bound by the Court's decision.
3. I designate the law firm and attorneys at JOSEPHSON DUNLAP, LLP and BRUCKNER BURCH PLLC as my attorneys to prosecute my wage claims.
4. I consent to having Plaintiff and Plaintiff's Counsel make all decisions regarding the litigation, including the method and manner of conducting this litigation, the terms of any potential settlement of this litigation, releasing of claims, entering into an agreement with Plaintiff's Counsel regarding attorneys' fees and costs, and all other matters pertaining to this lawsuit.
5. If needed, I authorize the Plaintiff's lawyers to use this consent to re-file my claim in a separate lawsuit or arbitration against the Defendants.
Please print or type the following information which will be kept confidential:
RETURN THIS FORM BY MAIL, EMAIL, OR FAX TO:
Overtime Lawsuit Against NexCare/Valley View (Miller)
Josephson Dunlap
11 Greenway Plaza, Suite 3050
Houston, Texas 77046
Telephone: (888) 992-2990
Fax: (713) 352-3300
Email: info@mybackwages.com
E-MAIL MESSAGE TO POTENTIAL CLASS MEMBERS
Subject: Notice of unpaid overtime collective action lawsuit against Defendant
Dear Valley View Worker:
Attached is the Court-authorized Notice regarding a collective action lawsuit against Valley View and NexCare, alleging you were not paid for all hours worked due to meal period deductions on occasions when you worked through or during your meal period. The collective action lawsuit contends that you were not paid all the overtime due to you as required by a federal law known as the Fair Labor Standards Act (FLSA). You are receiving this message because employment records indicate you may be eligible to participate in this collective action lawsuit seeking to recover unpaid overtime wages. The attached Notice explains the steps you need to take if you want to join. The decision to join or not join is entirely yours. You can review and sign the form if you choose to join the case here «hyperlink»».
If you have any questions, please feel free to contact me at «phone» or by e-mail at «email»».
«Signature Block»»
TEXT MESSAGE TO POTENTIAL CLASS MEMBERS
(Two-Part Message)
Message 1:
Dear Valley View Worker: There is a collective action lawsuit against Valley View and NexCare, alleging you were not paid for all hours worked due to meal period deductions on occasions when you worked through or during your meal period, in violation of federal law. If you have any questions, please feel free to contact me at «phone» or by e-mail at «email».
Message 2:
The Court has authorized this notice be sent to employees like you, for whom Defendant's records show you may be eligible to participate in this lawsuit seeking to recover unpaid overtime wages, and your rights may be affected by the lawsuit's outcome. The Notice link explains how to join. The decision to join or not join is entirely yours. You can review and sign the forms if you choose to join the case here «hyperlink».