FITZGERALD V. P.L. MARKETING, INC.
Civil Action No. 2:17-cv-02251

FITZGERALD V. P.L. MARKETING, INC.
Civil Action No. 2:17-cv-02251

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION

 

By Order entered November 3, 2017, Judge Mays of the United States District Court for the Western District of Tennessee ordered that notice be distributed to all individuals who work or worked for P.L. Marketing, Inc. as a “Set Team Member,” “Reset Team Member,” “Set Team Rep,” “Set Team Leader” (AKA “Team Leads”), “Surge Set Team Member,” or “Surge Set Team Leader” and were paid by salary at any time between August 18, 2014 and the present.  The Order required P.L. Marketing, Inc. to compile a list of all individuals who meet that criteria, and provide that information to the Notice Administrator (RG/2 Claims Administration) for distribution of the Court-required notices to their last known addresses from P.L. Marketing, Inc.’s records.

Thus, if you received a Notice, then according to the Court’s Order and P.L. Marketing, Inc.’s payroll records, you are eligible to join and become a party to the Lawsuit because you work or worked for P.L. Marketing, Inc. as a “Set Team Member,” “Reset Team Member,” “Set Team Rep,” “Set Team Leader” (a/k/a “Team Leads”), “Surge Set Team Member,” or “Surge Set Team Leader” and were paid by salary at any time between August 18, 2014 and the present.  You do not need to have any of your pay records or P.L. Marketing, Inc. documents to join.  You are eligible to join even if you previously signed a severance or release agreement with P.L. Marketing, Inc. 

You may click HERE to complete, electronically sign and submit a Consent to Join form directly through this website.

NOTICE OF RIGHTS TO JOIN COLLECTIVE ACTION AGAINST
P.L. MARKETING, INC. ALLEGING UNPAID OVERTIME
 
THIS IS NOT AN ADVERTISEMENT. THIS IS A COURT-APPROVED LEGAL NOTICE THAT MAY AFFECT YOUR LEGAL RIGHTS.

To:      Current or Former “Set Team Members,” “Reset Team Members,” “Set Team Reps,” “Set Team Leaders” (a/k/a “Team Leads”), Surge Set Team Members, or Surge Set Team Leaders (collectively the “Covered Positions”) Who Were Paid Salary For Work In Any Of The Covered Positions By P.L. Marketing, Inc. at Any Time From August 18, 2014 to the Present

1.         Purpose of This Notice

The Court has approved distribution of this Notice to you. The purpose of this Notice is to inform you of a collective action lawsuit in which you may be to make a claim for damages under the federal Fair Labor Standards Act, to advise you of how your rights may be affected by this lawsuit, to inform you how to make a claim, if you so desire, and to apprise you of the potential consequences of making such a claim.

About: Lawsuit For Alleged Unpaid Overtime Wages

You have received this Notice because P.L. Marketing, Inc.’s (“PLM”) records reflect that you worked in one or more of the Covered Positions and you were paid by salary at any time within the period beginning August 18, 2014 through the present (the “relevant period”), and therefore you are entitled to join a lawsuit that has been filed against PLM for allegedly unpaid overtime wages, liquidated damages, interest, and attorney’s fees and costs under the federal Fair Labor Standards Act (“FLSA”). The Plaintiff in the Lawsuit contends on your behalf that PLM violated federal overtime wage law by failing to pay time-and-a-half overtime compensation to the Covered Positions (as defined above) for working over 40 hours in a workweek throughout the relevant time period (as defined above), including all in-store hours, driving time, pre-shift/post-shift meetings or office meetings, and other compensable hours worked – even if PLM told you that any of that time did not count as work time (for example, time driving to/from assigned locations out of town). The Lawsuit is entitled Fitzgerald v. P.L. Marketing, Inc., No. 2:17-cv-02251 (W.D. Tenn.) (the “Lawsuit”). The Court has conditionally certified this case as a collective action and authorized this Notice to be sent to individuals who may be eligible to participate in the Lawsuit because they worked in one of the salary-paid Covered Positions during the relevant period; however, the Court has made no determination as to which side will prevail.

PLM denies Plaintiff’s allegations that PLM violated the FLSA or any other laws or failed to properly pay overtime wages and further denies that PLM is liable for any unpaid wages under any legal theory.

Your Right To Participate In This Lawsuit

If you are receiving this Notice from the Notice Administrator, it is because you worked in one or more of the salary-paid Covered Positions during the relevant period. If you worked more than 40 hours in a work week during any one or more weeks that you worked in one or more of those Covered Position during the relevant time period, you may join the Lawsuit (that is, you may “opt-in”) by signing and returning the attached “Consent to Join” form to the Notice Administrator as explained in the next section.

You are eligible to join this Lawsuit regardless of any document you signed or any agreement between you and PLM regarding your pay or employment at issue. Under federal law, you may not waive your right to recover wages and other damages under the federal FLSA unless the agreement to waive your rights was approved by the U.S. Department of Labor or a court of competent jurisdiction. Even if you signed a contract, agreement, or other document that might appear to prohibit you from participating in this Lawsuit, you are still entitled to assert your right to recover wages or other claims under the FLSA.

It is entirely your decision whether to join this Lawsuit.

How To Join This Lawsuit

To join this Lawsuit, you must sign and return the attached “Consent to Join” form to the retained Notice Administrator, RG/2 Claims Administration (“Notice Administrator”). You may do this in any of the following ways.

You may join the Lawsuit online directly through the Notice Administrator’s online portal. To do this, go to www.rg2claims.com/plmarketingovertime.html and follow the directions for filling out and electronically signing and submitting the “Consent to Join” form. A “Consent to Join” form can also be obtained by calling the retained Notice Administrator at 1-866-742-4955.

Or, you may sign and mail the completed “Consent to Join” form postmarked no later than February 26, 2018, or fax the signed and completed “Consent to Join” form, or scan and email it, or legibly photograph it and email the photo, to the Notice Administrator as follows:

Fitzgerald v. P.L. Marketing, Inc.
c/o RG/2 Claims Administration LLC
P.O. Box 59479
Philadelphia, PA  19102-9479
Facsimile:  (215) 827-5551
Email:  info@rg2claims.com
Website:  www.rg2claims.com/plmarketingovertime.html

TO JOIN THE LAWSUIT, YOU MUST SIGN, DATE, AND RETURN THE “CONSENT TO JOIN” FORM TO THE NOTICE ADMINISTRATOR BY  MAIL/FAX/EMAIL/ONLINE SUBMISSION NO LATER THAN FEBRUARY 26, 2018. IF THE FORM IS NOT TURNED IN, YOU WILL NOT BE A PART OF THIS LAWSUIT.

Legal Effect Of Joining This Lawsuit

If you choose to join this Lawsuit, you will be bound by the judgment or settlement, and on all issues relating to the unpaid overtime claims decided by the Court, whether favorable or unfavorable.

While the Lawsuit is proceeding, you might be required to provide information or otherwise participate in the action. Further, you designate the collective action representative Plaintiff as your agent to make binding decisions on your behalf concerning the Lawsuit, including the method and manner of conducting this case and negotiating settlement. If Plaintiff recovers money from PLM on behalf of the collective action Plaintiffs, you will be entitled to back pay and additional damages based on the merits of your claim. You will not be required to pay attorneys’ fees directly – win or lose. If Plaintiffs prevail by settlement or judgment, the Plaintiff’s attorneys will be compensated by receiving a part of any settlement or judgment entered in favor of the Plaintiffs, paid by PLM in an amount to be approved by the Court. If there is no recovery or judgment in Plaintiffs’ favor, you will not be responsible for any attorneys’ fees. Any payment of attorneys’ fees by PLM to Plaintiff’s attorneys may be subject to prior Court approval.

Legal Effect of Not Joining This Lawsuit

If you choose not to join the conditionally certified collective action, you will not be affected by any judgment issued or settlement reached in this case, whether favorable or unfavorable to the Plaintiffs. Further, you will be free to file your own lawsuit in any court where such a lawsuit may properly be brought. However, if you do not join this Lawsuit, the pendency of this action will not stop the running of the statute of limitations as to any claims you may have unless and until you file your own lawsuit, subject to any tolling agreements reached on your behalf in this Lawsuit.

Counsel For Plaintiff Representing The Collective Action Plaintiffs

If you choose to join this Lawsuit, you will be represented in this case by Plaintiff’s counsel as follows:

Alternatively, you may join this Lawsuit and retain an attorney of your own choosing at your own expense. If you wish to retain your own attorney other than Plaintiff’s lead counsel, your retained attorney must file your “Consent to Join” form with the Court and enter an appearance on your behalf.

No Retaliation Is Permitted

Federal law prohibits anyone from firing or in any way discriminating against you for joining or not joining in this Lawsuit. Participating in this Lawsuit does not excuse current employees from complying with PLM’s existing policies and work rules.

Deadline To Join

In order to join the Lawsuit, you must sign and submit electronically through the Notice Administrator’s online portal, or postmark and mail, or send by email, or send by facsimile, the signed, dated “Consent to Join” form by February 26, 2018. Failure to electronically submit online, postmark and mail, email, or fax the form by this date may preclude you from joining the Lawsuit.

Where You Can Get More Information

Anyone needing assistance with this Notice process and/or submitting their “Consent to Join” forms, including updating their address and contact information, is directed to contact the Notice Administrator at:

Fitzgerald v. P.L. Marketing, Inc.
c/o RG/2 Claims Administration LLC
P.O. Box 59479
Philadelphia, PA  19102-9479
Toll-Free:  (866) 742-4955
Facsimile:  (215) 827-5551
Email:  info@rg2claims.com
Website:  www.rg2claims.com/plmarketingovertime.html
Anyone needing legal advice regarding this Notice is directed to contact the Plaintiff’s attorneys at:

C. Andrew Head
Donna L. Johnson
Head Law Firm, LLC
1170 Howell Mill Rd., NW, Suite 305
Atlanta, GA 30318
Telephone: (404) 924-4151, x103
Facsimile: (404) 796-7338
Email: plmarketinglawsuit@headlawfirm.com

This Notice has been ordered by the United States District Court in and for the Western District of Tennessee. This Notice is not an expression by the Court of any opinion concerning the merits of Plaintiff’s claims. Do not contact the Court with questions.