Important Information
Introduction
This webpage informs you of the existence of a class action lawsuit in which you potentially are "similarly situated" to the Plaintiffs; to advise you of how your rights may be affected by a lawsuit; and to instruct you on the procedure for participating in a suit, should you decide that it is appropriate and should you choose to do so.
Background
The Plaintiffs allege that SCI failed to pay employees for required community work; work performed while on call; time spent training for neccessary license; work that was not preapproved; work that was not recorded; missed or interrupted lunch breaks; and failure to include all payments in calculating overtime.
Plaintiffs allege that they are entitled to recover unpaid wages and overtime pay for all the years that defendant failed to properly compensate them because the actions of defendant were willful. Plaintiffs also seek an additional equal amount as liquidated damages and/or prejudgement interest, attorneys' fees and costs.
Composition of the Class
The named Plaintiffs seek to sue on behalf of themselves and also on behalf of other employees with whom they are similarly situated.
Specifically, the Plaintiffs seek to sue on behalf of any and all employees who at any time in the last three (3) years to the present performed any work that they were not paid fully for and should have been paid overtime.
Your Right to Participate in the Suit
If you fit the definition above, you may join (that is, you may "opt in") and allow us to investigate your claim by mailing the "Consent to Become a Party Plaintiff" form to Plantiffs' counsel at the following address:
SCI Class Action Lawsuit
Dolin, Thomas & Solomon LLP
693 East Avenue
Rochester, New York 14607
If you file a "Consent to Become a Party Plaintiff" form, your continued right to participate in the suit may depend upon a later decision by the Court that you and the Plantiffs in this action are actually "similarly situated" in accordance with federal law.
Effects of Joining this Lawsuit
If you choose to join the suit, you will be bound by the Judgment, whether it is favorable or unfavorable. While a suit is proceeding, you may be required to respond to written questions, sit for depositions and/or testify. The attorneys for the class will work to ensure this is with minimum inconvenience to you. In addition, the attorneys for the class plaintiffs are being paid on a contingency fee basis, which means that if there is no recovery, there will be no attorney's fee. If there is a recovery, the attorneys for the class will receive a part of any settlement obtained or money judgment entered in favor of all members of the class.
By joining this potential lawsuit, you designate the class representatives as your agents to make decisions on your behalf concerning the litigation, the method and manner of conducting this litigation, the entering of an agreement with Plaintiffs' counsel concerning attorneys' fees and costs, and all other matters pertaining to this lawsuit.
These decisions and agreements made and entered into by the representative Plaintiffs will be binding on you if you join this potential lawsuit. If you would like to see a copy of the retainer agreement entered into by the class representatives, please contact the law firm representing you in this matter.
No Legal Effect in Not Joining this Lawsuit
If you choose not to join this suit, you will not be affected by any judgment or settlement rendered in this case as to the federal claims, whether favorable or unfavorable to the class. If you choose not to join in this lawsuit, you are free to file your own lawsuit under federal law. However, if you delay in joining this lawsuit, the statute of limitations will bar any recovery for two or three years prior to joining or commencing such an action.
No Retaliation Permitted
Federal law prohibits SCI from discharging or in any other manner discriminating against you because you have exercised your rights under the Fair Labor Standards Act.
Your Legal Representation if You Join
If you choose to join this lawsuit your interests will be represented by the named Plaintiffs through their attorneys as counsel for the class. Counsel for the class is:
Dolin, Thomas & Solomon LLP
693 East Avenue
Rochester, New York 14607
585-272-0540
Contact Us
Margolis Edelstein
525 William Penn Pl, Suite 3300
Pittsburg, PA 15219
Rosen, Bien & Galvan LLP
315 Montgomery Street, Tenth Floor
San Francisco, CA 94104
Further Information
Further information, or questions concerning this lawsuit may be obtained by writing Plaintiffs' counsel at the address shown above.