MANAGED LABOR SOLUTIONS FLSA SECTION 216B COLLECTIVE ACTION LAWSUIT
My name is Mitchell Feldman and I am a lawyer with Feldman Legal Group. Don't worry, you are not in trouble, and this is NOT a hoax or spam!
Our firm represents Shawn Poliner, a former MANAGED LABOR SOLUTIONS LLC (MLS), Driver (aka transporter) in a currently filed collective action lawsuit for overtime wages against MLS under the Fair Labor Standards Act (FLSA) pending in the US District Court Middle District of Florida.
A copy of this lawsuit to be filed is viewable here with this link:
The lawsuit seeks to recover overtime wages for all present and former Drivers, transporters, cleaners, VSA’s for all hours worked over 40 in each and every workweek in the past 3 years at rates of time and one half the employee's regular rates of pay. The lawsuit also seeks to recover double the sum of the wages owed to all persons as liquidated damages, plus payment of all attorney's fees and costs and expenses.
The lawsuit alleges a plan and scheme by MANAGED LABOR SOLUTIONS (MLS) to evade and avoid paying required overtime wages to all hard working, laborers including drivers, transporters, cleaners, vsa’s working for the company in the preceding 3 years to the present. The lawsuit alleges that the Company maintained a willful unlawful practice of editing, altering and removing hours worked from time sheets filled in by employees, and in purposefully shaving overtime hours from the pay of Poliner and all other similarly situated workers.
The lawsuit also alleges that employees routinely worked during the 30 minute provided lunch break, but that MLS unlawfully and willfully automatically deducted 30 minutes or more from each day regardless of whether the employee had to work through the meal break, causing loss of pay, specifically unlawfully withholding payment of overtime wages due and owing. The FLSA requires any deductible break to be at least 20 minutes of uninterrupted time, totally free of work activities.
Poliner alleges that he examined time sheets and compared them to paystubs and paychecks and noted routine discrepancies resulting in him getting paid less than the hours on the time sheets, including and especially when it came to overtime hours, and facts which were corroborated by a human resources employee. Furthermore, MANAGED LABOR SOLUTIONS has a history of this same unlawful conduct, having been sued in the past over similar unlawful pay practices and FLSA violations, and to which MLS settled with the plaintiff and paid him back wages.
As part of our continuing investigation into the alleged FLSA wage violations by MANAGED LABOR SOLUTIONS and in an effort to gather evidence in support of our position and corroborate facts about its pay practices, we are in need of speaking to as many present and former drivers, transporters, vsa’s, cleaner and all other hourly paid employees. We seek to determine if the positions and job duties/requirements are similar for all the various job titles used, as well to investigate and determine if the alleged unlawful pay practice at issue here is pervasive and long standing at MLS and for all hourly paid positions.
You are someone who has valuable information as a witness to the alleged unlawful pay practices.
Your contact information was obtained from a resume posted on the internet which indicates that you were at one time, or are now, either a member of the similarly situated class of persons who worked for MLS and who may have personal knowledge of the important facts related to the claims in this lawsuit, and who may also have legal rights affected by the outcome of this pending lawsuit.
The law, and 1st AMENDMENT of the US Constitution permits attorneys in FLSA class/collective actions to communicate in this form with the class members (current and former employees) before certification. See Cooper v. E. Coast Assemblers, Inc., 21 Wage & Hour Cas. 2d (BNA) 152: January 2013.
To be clear, the purpose of this email is NOT to solicit you to opt into and join this collective action lawsuit, (which will seek a national class certification) and to claim your wages, or to advertise our firm. Rather, we are contacting you to determine what your experience has been and if similar to what our clients in this pending lawsuit have alleged, and to corroborate facts.
We are asking that you voluntarily contact us to discuss your employment experience with Managed Labor Solutions. You are under no obligation at all to respond to this email or contact us even if you have relevant information, and we will not intentionally email you again.
Thank you for taking the time to read this email. If you have any information you would like to share, or if we can discuss your work experience with MLS, please email me or call me or my associate Jason Quintus at the office. I can additionally be reached after business hours and weekends at 813 906-8932. Let us know available days and times, nights or weekends to best call you, and the number to reach you at.
**The FLSA also makes it unlawful to retaliate or discriminate against any person or employee who makes a claim for overtime wages, including participating in any class or collective action to recover overtime wages.
Thank you for taking the time to read this letter, and please feel free to contact myself or one of our attorneys to discuss your work experience. We can be reached at firstname.lastname@example.org; email@example.com, the main office or by cell phone.