| TO: | ALL CURRENT AND FORMER NON-EXEMPT NEW JERSEY BASED FIELD SERVICE WORKERS OF CLEAN HARBORS ENVIRONMENTAL SERVICES, INC. FROM MARCH 31, 2018 TO THE PRESENT. |
| RE: | FAIR LABOR STANDARDS ACT OVERTIME LAWSUIT FILED AGAINST CLEAN HARBORS ENVIRONMENTAL SERVICES, INC. |
Deadline to join the case: June 27, 2023
INTRODUCTION:
The purpose of this Notice is to: (i) inform you of the existence of a collective action lawsuit against Clean Harbors Environmental Services, Inc. (“CHESI”) for alleged violations of the Fair Labor Standards Act’s overtime provisions. (“FLSA”), (ii) advise you of how your rights might be affected by this lawsuit, and (iii) instruct you on the procedure for making a claim in this action, if you choose to do so.
DESCRIPTION OF THE LAWSUIT:
The Lawsuit was filed as a class and collective action. In a class action, one or more people called “class representatives” (here, Plaintiffs Reynolds, Nulph, and Barba) sue on behalf of people who allegedly have similar claims. This group is called a “class” and the persons included are called “class members.” One court resolves the issues for all of the class members, except for those who exclude themselves from the class. A collective action serves a similar function, except that individuals must affirmatively opt into the collective for their claims to be included in the litigation.
COMPENSATION SOUGHT FOR THE WORKERS:
Plaintiffs have sued CHESI to recover unpaid overtime compensation on behalf of themselves, and on behalf of all hourly-paid, non-exempt similarly-situated employees who worked for CHESI in the State of New Jersey. Plaintiffs also seek an additional amount for liquidated damages equal to the amount of the overtime compensation owed, as well as attorneys’ fees and costs if they prevail.
NO RETALIATION PERMITTED:
The law prohibits retaliation against current or former employees who exercise their rights under the FLSA. Thus, CHESI will not retaliate against you in any manner, including reducing your work hours, assigning you unfavorable shifts, or fire you because you have joined and/or participated in this lawsuit.
HOW TO PARTICIPATE IN THIS LAWSUIT:
The form entitled “Consent to Become a Party Plaintiff” (“Consent Form”). You must file a Consent Form to join this lawsuit as a party plaintiff. You may join, or “opt in” to, this lawsuit by submitting your “Opt-in Consent Form” to the Claims Administrator by: (1) visiting the following website https://www.rg2claims.com/cleanharbors.html and submitting your completed Consent Form electronically, (2) emailing your completed Consent Form to info@rg2claims.com or (3) mailing your completed Consent Form to the RG/2 Claims Administration LLC at the following address:
CLEAN HARBORS FLSA LITIGATION
c/o RG/2 Claims Administration LLC
P.O. Box 59479
Philadelphia, PA 19102-9479
The Consent Form MUST be received in sufficient time for Plaintiff’s counsel to file it with the Court on or before JUNE 27, 2023.
If you choose to join this lawsuit, you will be bound by the judgment or any settlement of this action. If you choose to file a Consent Form, your continued right to participate in this suit may depend on a later determination by the Court that you and the Plaintiffs are actually “similarly situated” in accordance with federal law and that your claim has been filed within the applicable time limits.
Understand that by choosing to join this lawsuit, you may be required to participate in discovery, produce documents and information relevant to it, and/or testify at deposition and/or a hearing. If the case goes all the way to a trial, some of the Plaintiffs, including you, may be called upon to testify. In either instance, Plaintiffs’ lawyers will work with you so that the process is as convenient as possible for you.
If you complete the enclosed Consent Form, and do not otherwise indicate, you will be designating Plaintiffs and their attorneys to act on your behalf and to represent your interests. Plaintiffs’ counsel has taken this case on a contingency basis and/or statutory basis. This means that if there is no recovery, you will not have to pay attorneys’ fees out of your own pocket. Should there be a recovery, Plaintiffs’ Counsel will seek to recover their attorneys’ fees and costs from CHESI. Plaintiffs’ Counsel will also receive a part of any settlement obtained or money judgment entered in favor of the members of the similarly-situated workers, the specific amount of which would be set by the Court.
YOUR TIME TO JOIN IS LIMITED:
The Consent Form must be returned within ninety (90) days from the date this notice was mailed, i.e., postmarked no later than JUNE 27, 2023.
NO OPINIONS EXPRESSED AS TO THE MERITS OF THE CASE:
This Notice is for the sole purpose of determining the identity of those persons who may be entitled to and wish to participate in this case, and any potential judgment or settlement. The Court has expressed no opinion regarding the merits of Plaintiffs’ claims or CHESI’s liability, if any, and individual claims may be subject to later dismissal if the Court ultimately finds the claims lack merit or that they cannot be litigated on a collective basis, or for other reasons. There is no assurance at this time that any relief will be granted, nor if granted, the nature and amount of relief.
LEGAL COUNSEL:
The Attorneys representing Plaintiffs, and the employees who join this case (unless they select otherwise) are as follows:
Carolyn H. Cottrell
Samantha A. Smith
Robert E. Morelli, III
SCHNEIDER WALLACE COTTRELL KONECKY LLP
2000 Powell Street, Suite 1400
Emeryville, CA 94608
Telephone: (415) 421-7100
Fax: (415) 421-7105
ccottrell@schneiderwallace.com
sasmith@schneiderwallace.com
rmorelli@schneiderwallace.com
John Messina
BERKOWITZ LICHSTEIN KURITSKY GIASULLO & GROSS, LLC
75 Livingston Avenue
Roseland, New Jersey 07068
Telephone: (973) 325-7800
jmessina@blkgg.com
Where Can I Get More Information?
If you have questions about the Notice, or if you did not receive the Notice and you believe you are or may be one of the workers affected, you should contact Plaintiffs’ Counsel.
PLEASE DO NOT CONTACT THE COURT, THE CLERK OF THE COURT, OR THE JUDGE FOR INFORMATION ABOUT THE LAWSUIT. THIS NOTICE AND ITS CONTENTS HAVE BEEN AUTHORIZED BY THE COURT, BUT THE COURT HAS MADE NO DECISION IN THIS CASE ABOUT THE MERITS OF PLAINTIFFS’ CASE OR CLEAN HARBORS’ DEFENSES.