Opinion
CIVIL 19-cv-02910-PAB-NYW
09-16-2021
ZACHARIAH ROBERTSON, Individually and on Behalf of All Others Similarly Situated, Plaintiff, v. REP PROCESSING, LLC d/b/a RIMROCK ENERGY PARTNERS, Defendant.
NOTICE OF UNPAID OVERTIME COLLECTIVE ACTION LAWSUIT
TO: All current and former inspectors, staffed through Kestrel Field Services, Inc. who worked for or on behalf of REP Processing, LLC d/b/a Rimrock Energy Partners and who were paid according to its day rate pay plan at any time from____, 2018 to the present (the “Day Rate Inspectors”).
This date represents three years back from the date that the Notice and Consent Forms are first sent to the Day Rate Inspectors.
RE: Collective action lawsuit seeking unpaid overtime, back wages, and other damages.
DEADLINE TO FILE CONSENT FORM:___, 2021.
This date represents 60 days from the date that the Notice and Consent forms are first sent to the Day Rate Inspectors.
1. Why Are You Getting This Notice?
You received this Notice because the Court in charge of this lawsuit ordered that this Notice be sent to individuals identified by Rimrock's records as current or former Inspectors who were allegedly paid a day rate without proper overtime compensation.
The Court has allowed or “certified” a collective action lawsuit that may affect you. 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 to participate in this suit if you want to.
The Court has determined that you should be entitled to make an informed choice about whether to participate in this lawsuit. The Court has determined that you have a right to receive this Notice and to communicate with the attorneys' representing the Day Rate Inspectors or an attorney of your choosing.
2. What Is This Lawsuit About?
A former Inspector, Zachariah Robertson, filed this lawsuit on behalf of himself and other Inspectors who worked for Rimrock. Mr. Robertson alleges Rimrock misclassified him and other Inspectors as exempt from overtime pay, paid them a day rate, and failed to pay them overtime as required by the FLSA. Mr. Robertson seeks back wages in the form of unpaid overtime, double damages (liquidated damages), plus attorneys' fees and costs for himself and all similarly situated Day Rate Inspectors.
Rimrock denies it paid the Day Rate Inspectors incorrectly.
The Court has not decided who is right, but it has authorized this notice to inform you of your legal rights and ability to join this collective action lawsuit to potentially recover alleged unpaid overtime wages and money damages. Should Mr. Robertson prevail in this lawsuit, you may recover damages for unpaid overtime worked during the period____, 2018[ to the present. 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 worked for, or on behalf of, Rimrock as an Inspector, at any time from___, 2018[ to the present; and
This date represents three years back from the date that the Notice and Consent Forms are first sent to the Day Rate Inspectors. [5] This date represents 60 days from the date that the Notice and Consent forms are first sent to the Day Rate Inspectors. [6] This date represents 60 days from the date that the Notice and Consent forms are first sent to the Day Rate Inspectors.
2. You received a day rate with no overtime compensation.
4. What are Your Options?
If you want to pursue your unpaid overtime wages, you must read, sign, and return the attached Consent to Join Wage Claim form by___ 2021 .[ You may return your Consent to Join Wage Claim form by filling out the attached Consent to Join Wage Claim form, mailing it to Mr. Robertson's attorneys in the enclosed self-addressed stamped envelope, faxing it to 713-352-3300, or emailing it to info@mybackwages.com.
Overtime Lawsuit Against Rimrock
Josephson and Dunlap, LLP
11 Greenway Plaza, Suite 3050
Houston, Texas 77046
Telephone: (713) 352-1100
Fax: (713) 352-3300
E-mail: info@mybackwages.com
You may also hire an attorney of your choice.
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 is entirely yours.
5. Effect of Joining or Not Joining the Lawsuit.
If you submit a Consent form, you will join the other Day Rate Inspectors who worked for Rimrock and have already joined the case. If Mr. Robertson wins or settles the case, you may receive additional money from Rimrock in the form of unpaid overtime and liquidated damages. If Mr. Robertson loses the case, you will receive nothing, and you will not be responsible for any of the case costs, expenses, or attorneys' fees.
Because the FLSA only allows workers to recover the past three (3) years of back wages, eligible workers who do not join this litigation may lose their rights to recover overtime for work performed in the past for Rimrock, unless they bring a new, separate case. Therefore, time is of the essence. You should make your decision quickly and return a Consent to Join Form promptly to pursue your unpaid back wages.
6. Rimrock Cannot Blackball Against You for Participating in this Lawsuit.
Federal law prohibits Rimrock and your current employer from firing, discriminating, or otherwise retaliating against you because you decide to join, or not join, this case. Rimrock has agreed to abide by the law in this regard. If you suspect retaliation from Rimrock for participating in this case, please immediately contact the attorneys listed below.
7. Your Legal Representation If You Join.
If you choose to join this suit and agree to be represented through the Day Rate Inspectors' attorneys, your attorneys in this action will be Michael A. Josephson and Carl A. Fitz of the Josephson Dunlap llp and Richard (Rex) Burch of the law firm Bruckner Burch pllc. Their contact information is listed below.
You should not contact Rimrock to discuss this lawsuit. You should also not talk with Rimrock 's attorneys about the case. Any information provided to Rimrock or its attorneys can be used against you and the other Day Rate Inspectors attempting to recover their unpaid overtime wages.
8. How Can You Receive More Information?
If you have any questions about the lawsuit, your rights, how to participate, how damages are calculated, or the basis on which the attorneys expect to be paid, you may contact them directly at:
Michael A. Josephson Richard (Rex) Burch
Carl A Fitz BRUCKNER BURCH, PLLC
JOSEPHSON DUNLAP LLP 8 Greenway Plaza, Suite 1500
F elephone: 713-352-3300 Facsimile: 713-877-8065
Email: info@mybackwages.com 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 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 to Join Wage Claim forms must be returned to Mr. Robertson's attorneys (or post-marked) no later than 2021___, [ which is sixty (60) days after this Notice was mailed to you. A Consent to Join Wage Claim form is enclosed with a self-addressed stamped envelope.
CONSENT TO JOIN WAGE CLAIM AGAINST RIMROCK
Court-imposed deadline for filing is___, 2021.
This date represents 60 days from the date that the Notice and Consent forms are first sent to the Day Rate Inspectors. ---------
Print Name:___
1 . I consent, agree, and opt-in to the lawsuit filed against Rimrock Inspection Services (“Rimrock”) titled Robertson v. REP Processing, LLC d/b/a Rimrock Energy Partners, No. 1:19-cv-02910 (D. Colo.) (“the Lawsuit”), to pursue my claims of unpaid overtime under the Fair Labor Standards Act (“FLSA”) during the time that I worked for Rimrock.
2 . I understand that the Lawsuit is brought under the FLSA, and I consent to be bound by the Court's decision.
3. I designate the law firms and attorneys at Josephson Dunlap, LLP and Bruckner Burch, PLLC as my attorneys to prosecute my wage claims.
4. I consent to having Plaintiff Zachariah Robertson and his Counsel make all decisions regarding the litigation, 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.
Please print or type the following information which will be kept confidential:
Street Address City/State/Zip
Home Telephone Number Cell Phone Number
E-mail Address Estimated Dates of Work
Job Title for Rimrock Location(s) Worked for Rimrock
RETURN THIS FORM BY MAIL, FAX, OR EMAIL TO:
Overtime Lawsuit Against Rimrock - Robertson
Josephson Dunlap, LLP
11 Greenway Plaza, Suite 3050
Houston, Texas 77046
Telephone: (713) 352-1100
Fax: (713) 352-3300
E-mail: info@mybackwages.com
E-MAIL MESSAGE TO POTENTIAL CLASS MEMBERS
Subject: Notice of unpaid overtime collective action lawsuit against Rimrock
Dear Rimrock Inspector:
Attached is the Court-authorized Notice regarding a collective action lawsuit against Rimrock alleging you were not paid overtime compensation as required by a federal law known as the Fair Labor Standards Act (FLSA). You are receiving this message because Rimrock's records indicate you are eligible to participate in this collective action lawsuit seeking to recover unpaid overtime wages and your rights may be affected by its outcome. The attached Notice explains the steps you need to take if you want to join. You can review and sign the forms 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»
PROPOSED TELEPHONE SCRIPTS FOR UNDELIVERABLE MAIL
LIVE CALLS
Hello, my name is___ and I work for___ . I am calling to confirm that you received the notice in the mail regarding the unpaid overtime lawsuit against Rimrock on behalf of its Inspectors paid a Day Rate without overtime. We received information indicating that the notice packet regarding your potential claims affected by the lawsuit against Rimrock that we mailed was returned as undeliverable. Have you received this notice by mail and/or e-mail?
If yes: Thank you, have a good day.
If no: What is the best method for me to send you the notice? (mail/e-mail/fax). This information will only be used to send you a copy of the notice. Thank you, have a good day.
If potential class member asks what the case is about: I cannot discuss the case with you. The notice that will be sent to you will provide information regarding the case. If you have additional questions, the notice explains your options for obtaining additional information.
MESSAGES (VOICEMAIL OR OTHER)
Hello. This message is for «Name of Potential Class Member». My name is___ and I work for___ . I am calling to confirm that you received the notice in the mail regarding the unpaid overtime lawsuit against Rimrock on behalf of its Inspectors paid a Day Rate without overtime. We received information indicating that the notice packet regarding your potential claims affected by the lawsuit against Rimrock that we mailed was returned as undeliverable. If you have not received the notice, please call___ between the hours of___ to provide the representative with your current contact information so that a notice can be sent to you. Any information you provide will only be used to send you the notice. Thank you and have a good day.
This date represents three years back from the date that the Notice and Consent Forms are first sent to the Day Rate Inspectors.