| TO: | Any individual who worked or Defendant Jason’s Deli in the position of Assistant Manager 2A or Assistant Manager 3A at any time from January 10, 2016 to January 25, 2019. |
THIS NOTICE AND ITS CONTENT HAS BEEN AUTHORIZED BY THE UNITED STATES DISTRICT COURT, NORTHERN DISTRICT OF GEORGIA, ATLANTA DIVISION, THE HONORABLE STEVE C. JONES. THIS MAILING IS INTENDED TO PROVIDE NOTICE TO POTENTIAL CLAIMANTS, AND DOES NOT INDICATE THE COURT'S APPROVAL OF EITHER THE PLAINTIFF OR THE DEFENDANT IN THIS CASE. THE COURT HAS MADE NO DECISION IN THIS CASE ABOUT THE MERITS OF PLAINTIFF'S CLAIMS OR DEFENDANT'S DEFENSES.
The purpose of this notice is to inform you that an overtime lawsuit exists that you may be eligible to join, to advise you of how your rights may be affected should you choose to join this lawsuit, and to instruct you on the proper procedure for participating in this lawsuit, should you choose to do so.
On September 11, 2018, an action was filed against Defendant, Deli Management, Inc. d/b/a/ Jason’s Deli (“Defendant” or “Jason’s Deli”), by the named Plaintiff, Ashley Florence, on behalf of all “similarly situated” individuals who worked for Defendant as an Assistant Manager 2A or Assistant Manager 3A paid by salary in any of Defendant’s Jason’s Deli restaurants within its North and East regions during the past three years. Specifically, the action alleges that these individuals are owed overtime compensation under the federal Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 207, for the overtime hours they worked.
Deli Management, Inc. is the defendant in this action and denies the allegations in the Plaintiff's complaint. It is Defendant’s position that its Assistant Manager 2As/3As received all compensation owed to them. Defendant also claims that it at all times acted in good faith and that it did not violate the FLSA.
Plaintiff filed this potential collective action on behalf of all persons who have potential claims, specifically all current and former Assistant Manager 2As or 3As paid by salary without receiving overtime pay who worked for Defendant at any time from January 10, 2016 to January 25, 2019.
If you fit the definition above, you are eligible to participate in the lawsuit.
If you choose to join this lawsuit, your interests going forward will be represented by Plaintiff’s Counsel, Head Law Firm, LLC and Klafter Olsen & Lesser, LLP, collectively with other plaintiffs who have also chosen to join this lawsuit. However, you are not required to join this lawsuit, and choosing not to join does not prevent you from retaining an attorney of your choice to represent you in an individual claim under the FLSA.
You may join this lawsuit by mailing, emailing, or faxing the enclosed Consent Form to the retained Notice Administrator, to be filed with the Court, at the following address: Florence v. Jason’s Deli Notice Administrator, c/o RG/2 Claims Administration LLC, P.O. Box 59479, Philadelphia, PA 19102-9479
Email:info@rg2claims.com phone: +1 866 742 4955 fax: +1 215 979 1695
A self-addressed, postage pre-paid stamped envelope has been enclosed for your convenience.
Or, you can electronically sign and submit your Consent Form to the Notice Administrator directly online by clicking on the following URL link for online submittal: Consent Portal
Your signed Consent Form must be postmarked (if mailed), or received by the Notice Administrator (if faxed, emailed, or submitted directly online) on or before April 12, 2019 in order for you to participate. You are eligible to join this case even if you received a salary.
If you choose to join this lawsuit, your interests will be represented by Plaintiff’s Counsel, Head Law Firm, LLC and Klafter Olsen & Lesser, LLP. You also designate Plaintiffs’ Counsel to make decisions regarding the course of the lawsuit and any settlement discussions in connection with this lawsuit. Unless you later withdraw or the Court later determines that you and the other employees who join this case are not “similarly situated,” you will be bound by any ruling or judgment by the Court, whether favorable or unfavorable.
If you join this lawsuit, Plaintiff’s Counsel will represent you on a contingent fee basis. Under the fee agreement, you will not have to pay the lawyers directly – win or lose. Instead, the attorneys will be paid a portion of the amount, if any, recovered from Defendant by settlement or other payment, or as otherwise awarded by the Court. While the lawsuit is proceeding, you might be required to provide information or otherwise participate in the action.
The FLSA has a maximum possible statute of limitations of three years. If you choose to join this lawsuit, or choose to bring your own action, you may be able to recover money damages if you were improperly denied overtime compensation during weeks where you worked over 40 hours within three years of the date prior to the date you submit your Consent Form. Regardless of whether you choose to join this action or file your own action, delay in doing so may result in some or all of your potential claims being barred by the statute of limitations. If you choose not to join in this action or file your own action, the statute of limitations will not stop running on any FLSA claims you may have, and may eventually extinguish any right you have to recover for overtime.
Federal law prohibits retaliation against employees for exercising their rights under the FLSA. Therefore, Defendant is prohibited from firing you or retaliating against you in any other manner because you choose to participate in this lawsuit.
To get more information or provide your updated address or contact information, you may contact the retained Notice Administrator at:
Florence v. Jason’s Deli Notice Administrator
c/o RG/2 Claims Administration LLC
P.O. Box 59479
Philadelphia, PA 19102-9479
Email:info@rg2claims.com phone: +1 866 742 4955 fax: +1 215 979 1695
Or you may contact Plaintiff’s Counsel at:
|
C. Andrew Head |
Fran L. Rudich |
The call to the attorneys listed above is free and confidential.