Opinion
07-cv-451-bbc.
March 12, 2008
ORDER
This is a civil action for monetary, declaratory and injunctive relief under the Fair Labor Standards Act, 29 U.S.C. §§ 201- 219, and Wisconsin law. This court authorized plaintiff's sending notice to the individuals that fall within the class. Dkt. ##239 and 242. Before the court is plaintiff's motion for court of approval of e-mails to be sent to current and former Charter employees and a press release that plaintiff intends to distribute to various media outlets in Charter's service area. Dkt. #241. Defendants object to the content of the proposed e-mails, arguing that they substantially change the language of the notice authorized by the court. Instead, defendants propose that the e-mails to current and former employees state only the following: "Please see the attached Notice and Consent to Join Collective Action regarding lawsuit entitled Sjoblom v. Charter Communications, LLC (Case No. 07-C-0451-C)." Dkt. #244. Defendants also object to the use of the term "class action" in the press release and have proposed other revisions to that document. Because I share some of defendants' concerns, I have revised the proposed communications. Plaintiff is authorized to distribute the attached e-mails and press release.
On a related matter, I note that on March 6, 2008, defendants identified other position titles that are now or have been equivalent to those listed in the class definition. Dkt. #240. Those position titles were included in the class definition in the Notice and Consent Form authorized by the court on March 7, 2008. Dkt. #242. On March 11, 2008, the parties contacted the court to discuss plaintiff's concerns regarding these new position titles. In a teleconference with the parties that day, Magistrate Judge Crocker authorized the parties to revise the list of job titles that may fit within the class definition in the Notice. I will authorize the parties to do the same with respect to the job titles identified in the attached press release.
ORDER
IT IS ORDERED that plaintiff's motion for court approval of notices is GRANTED in part. Plaintiff is authorized to distribute the attached e-mails and press release.
PRESS RELEASE FOR IMMEDIATE RELEASE
March XX, 2008
Contact:
Kim M. Straka, Media Contact 608.283.6744 or kstraka@axley.com
Federal Collective Action Lawsuit Filed Against Charter Communications, LLC
(Madison, WI) The law firms of Gingras, Cates Luebke, S.C. and Axley Brynelson, LLP today announced a federal collective action lawsuit against Charter Communications, LLC seeking unpaid wages and overtime compensation for approximately 8,000 current and former employees of Charter Communications, LLC.The lawsuit was filed by a field technician employed at Charter's Janesville, Wisconsin office. The case involves Charter field technicians who were assigned a company vehicle and kept the vehicle at home overnight anytime after March 15, 2005. The plaintiff contends that Charter has failed to compensate field technicians for a variety of tasks, including loading and unloading the company vehicle, travel time and uncompensated pre-work activities such as gathering and stocking equipment, reconciling equipment inventories, vehicle cleaning and completing work activity logs and other paperwork in violation of the federal Fair Labor Standards Act (FLSA).
The field technicians who may participate in the collective action include employees who have held any of the following positions since March 15, 2005: Broadband Technician I; Broadband Technician II; Broadband Technician III; Sr. Broadband Technician; Broadband Technician V — Lead; System Technician I; System Technician II; Sr. System Technician; System Technician — Lead (otherwise known as Service Technician, Installer or Installer Repair Technician); Systems Chief Technician; Data Services Technician I; Data Services Technician II; Data Services Technician Senior; System Field Coordinator; Installation Trainee; Installer Trainee; Repair Technician; and Reverse Specialist.
The United States District Court for the Western District of Wisconsin has granted conditional certification of a collective action in this case and has permitted the plaintiff's attorneys to distribute two forms — an FLSA Notice Form and a Consent Form — to individuals who may be eligible to participate in the lawsuit as plaintiffs. Under the federal wage and hour law, eligible individuals can only participate in the lawsuit if they complete and return a Consent Form. Consent Forms must be postmarked by no later than _______________.
For more information regarding this lawsuit, or to obtain a copy of the FLSA Notice Form and Consent Form, go tohttp://www.charterclassaction.com, or contact:
mmodl@axley.com gingras@gcllawyers.com
Atty. Michael J. Modl Atty. Robert J. Gingras AXLEY BRYNELSON, LLP GINGRAS, CATES LUEBKE, S.C. (800) 368-5661 (888) 357-7661