FLSA COLLECTIVE ACTION NOTICE

NOTICE OF PENDENCY OF COLLECTIVE ACTION AND OPPORTUNITY TO JOIN

COURT INFORMATION

In the United States District Court
For the [District Name] District of [State]

Case Name: [Plaintiff Name(s)] v. [Defendant/Employer Name]

Case Number: [Case Number]

Judge: [Judge Name]

NOTICE TO CURRENT AND FORMER EMPLOYEES OF [EMPLOYER NAME]

PLEASE READ THIS NOTICE CAREFULLY. IT MAY AFFECT YOUR LEGAL RIGHTS.

1. WHAT IS THIS NOTICE ABOUT?

A lawsuit has been filed in the United States District Court for the [District] District of [State] alleging that [EMPLOYER NAME] ("Defendant" or "Employer") violated the Fair Labor Standards Act ("FLSA") by:

☐ Failing to pay minimum wage
☐ Failing to pay overtime compensation at the rate of one and one-half times the regular rate of pay for hours worked over 40 in a workweek
☐ Misclassifying employees as exempt from overtime
☐ Misclassifying employees as independent contractors
☐ Requiring off-the-clock work without compensation
☐ Improperly calculating the regular rate for overtime purposes
☐ [Other specific allegations]: _________________________

The Court has authorized this Notice to inform you of this lawsuit and your right to join as a party plaintiff if you are a "similarly situated" employee.

IMPORTANT: The Court has not decided whether the Employer violated the law. The Court has only authorized sending this Notice to inform you of your rights.

2. WHO IS ELIGIBLE TO JOIN THIS LAWSUIT?

You may be eligible to join this lawsuit if you meet ALL of the following criteria:

Job Position(s): [List applicable job titles]

Time Period: You worked for [EMPLOYER NAME] at any time from [START DATE] to [END DATE or "the present"]

Location(s): You worked at [specify locations or "any location"]

Specific Conditions (check all that apply to the case):

☐ You were classified as exempt from overtime but performed primarily non-exempt duties
☐ You were classified as an independent contractor but were treated as an employee
☐ You worked more than 40 hours per week and did not receive overtime pay at 1.5 times your regular rate
☐ You were required to perform work "off the clock" before or after your shift
☐ You were not paid for all hours worked
☐ [Other specific conditions]: _________________________

3. WHAT ARE THE CLAIMS IN THIS LAWSUIT?

The plaintiff(s) claim that [EMPLOYER NAME]:

Overtime Violations:
[Describe specific overtime allegations, e.g., "failed to pay overtime compensation to employees who worked in excess of 40 hours per week by misclassifying them as exempt under the administrative exemption when their primary duty was not the performance of office or non-manual work directly related to management or business operations."]

Minimum Wage Violations (if applicable):
[Describe specific minimum wage allegations]

Other Violations (if applicable):
[Describe any other FLSA violations alleged]

The plaintiff(s) seek to recover:
- Unpaid overtime and/or minimum wage compensation
- An equal amount as liquidated damages (which doubles the recovery)
- Pre-judgment and post-judgment interest
- Attorneys' fees and costs

4. WHAT ARE YOUR OPTIONS?

You have THREE options:

OPTION 1: JOIN THE LAWSUIT

If you believe you are owed wages and want to participate in this lawsuit, you must:

1. Complete the enclosed Consent to Join Form
2. Sign and date the form
3. Return it by the deadline specified below

By joining, you will:
- Become a party plaintiff in this lawsuit
- Be bound by any settlement or judgment
- Have an opportunity to recover unpaid wages if the lawsuit is successful
- Be required to participate in the lawsuit (answer questions, provide documents, possibly testify)
- Not be required to pay attorneys' fees unless the case is successful (fees are typically paid from any recovery)

OPTION 2: DO NOT JOIN BUT FILE YOUR OWN LAWSUIT

If you want to pursue your claims separately, you may:
- Hire your own attorney
- File your own lawsuit
- You will NOT be bound by the outcome of this case

IMPORTANT: You must act within the statute of limitations (see Section 7 below).

OPTION 3: DO NOTHING

If you choose not to join this lawsuit, you will:
- NOT be a party to this case
- NOT be bound by any settlement or judgment
- NOT receive any recovery from this lawsuit
- Still have the right to file your own lawsuit (within the statute of limitations)

5. WHAT IS THE DEADLINE TO JOIN?

To join this lawsuit, your Consent to Join Form must be received by:

[DEADLINE DATE]

This deadline is [NUMBER] days from the date of this Notice.

Forms received after the deadline will NOT be accepted.

6. HOW TO JOIN THIS LAWSUIT

Step 1: Complete the enclosed Consent to Join Form

Step 2: Sign and date the form

Step 3: Return the form by ONE of the following methods:

By Mail:
[Plaintiff's Attorney Name]
[Law Firm Name]
[Address]
[City, State ZIP]

By Email:
[Email Address]

By Fax:
[Fax Number]

Online (if available):
[Website URL]

Step 4: Keep a copy for your records

7. STATUTE OF LIMITATIONS - IMPORTANT

Your claims may be subject to a statute of limitations (deadline for filing):

• Non-willful violations: You can only recover wages for violations that occurred within TWO (2) YEARS before the date you file your Consent to Join Form

• Willful violations: You can only recover wages for violations that occurred within THREE (3) YEARS before the date you file your Consent to Join Form

IMPORTANT: Under the FLSA, your claim begins from the date you file your Consent to Join Form, NOT from the date the lawsuit was originally filed. The longer you wait to join, the more potential recovery you may lose.

8. WHAT HAPPENS AFTER YOU JOIN?

1. You become a plaintiff: Your name will be added to the lawsuit
2. Discovery: You may be asked to provide documents and answer questions
3. Possible Deposition: You may be asked to give sworn testimony
4. Settlement or Trial: The case may settle or go to trial
5. Recovery: If successful, you may receive compensation for unpaid wages

9. NO RETALIATION ALLOWED

IT IS ILLEGAL for your employer to retaliate against you for joining this lawsuit.

If you join this lawsuit, your employer cannot:
- Fire you
- Demote you
- Reduce your hours or pay
- Change your work conditions unfavorably
- Threaten you
- Take any adverse action against you

If you experience retaliation, contact the attorneys for the plaintiffs immediately.

10. NO COST TO JOIN

You will NOT be charged any attorneys' fees or costs to join this lawsuit.

The attorneys representing the plaintiffs work on a contingency fee basis, meaning:
- They are only paid if the case is successful
- Fees come out of any recovery, not out of your pocket
- You will never owe money if the case is unsuccessful

11. THIS IS NOT A CLASS ACTION

This is a collective action under the FLSA, which is different from a class action:

• In a class action, you are automatically included unless you "opt out"
• In a collective action, you are NOT included unless you "opt in" by returning the Consent Form
• You must take action to join this lawsuit

12. ADDITIONAL INFORMATION

For more information about this lawsuit, contact:

Plaintiffs' Attorneys:

[Attorney Name]
[Law Firm Name]
[Address]
[Phone Number]
[Email Address]
[Website]

You may also contact:

[Second Attorney/Firm if applicable]
[Contact Information]

13. DO NOT CONTACT THE COURT

Please do not contact the Court with questions about this lawsuit. The Court cannot give you legal advice. Direct all questions to the attorneys listed above.

14. EMPLOYER'S POSITION

[EMPLOYER NAME] denies the allegations in this lawsuit and contends that it has complied with all applicable wage and hour laws. The Court has not made any determination as to the merits of the claims.

IMPORTANT DATES SUMMARY

CONSENT TO JOIN COLLECTIVE ACTION

(Complete and Return This Form)

Case Name: [Plaintiff Name(s)] v. [Defendant/Employer Name]

Case Number: [Case Number]

Court: United States District Court, [District] District of [State]

CONSENT TO BECOME A PARTY PLAINTIFF

I, the undersigned, consent to become a party plaintiff in the above-captioned collective action brought pursuant to the Fair Labor Standards Act, 29 U.S.C. § 216(b).

I understand and agree to the following:

1. By signing this form, I am joining this lawsuit as a party plaintiff

2. I authorize the attorneys for the plaintiffs to represent me in this matter

3. I agree to be bound by any settlement or judgment in this case

4. I may be required to participate in discovery, including answering questions and producing documents

5. I may be required to provide testimony under oath

6. The attorneys' fees will be paid on a contingency basis from any recovery

7. I am providing this consent freely and voluntarily

YOUR INFORMATION

Full Legal Name: _______________________________________________

Other Names Used During Employment: _______________________________________________

Current Address:
- Street: _______________________________________________
- City: _________________________ State: _____ ZIP: ___________

Phone Numbers:
- Home: _________________________
- Cell: _________________________
- Best number to reach you: _________________________

Email Address: _______________________________________________

EMPLOYMENT INFORMATION

Employer Name: _______________________________________________

Job Title(s): _______________________________________________

Work Location(s): _______________________________________________

Employment Dates:
- Start Date: _________________________
- End Date: _________________________ ☐ Still employed

Approximate Hours Worked Per Week: _________________________

Approximate Overtime Hours Per Week (over 40): _________________________

Were You Paid Overtime (1.5x regular rate)? ☐ Yes ☐ No ☐ Sometimes

DECLARATION AND CONSENT

I declare under penalty of perjury that the information provided above is true and correct to the best of my knowledge.

I CONSENT TO JOIN THIS COLLECTIVE ACTION.

Signature: _______________________________________________

Printed Name: _______________________________________________

Date: _________________________

RETURN THIS FORM BY: [DEADLINE DATE]

Return to:

[Attorney Name]
[Law Firm Name]
[Address]
[City, State ZIP]

Email: [Email Address]

Fax: [Fax Number]

STATE-SPECIFIC NOTES

CALIFORNIA

California has additional state law protections beyond FLSA. If you work in California, you may have additional claims under California Labor Code that can be pursued separately or as part of a state class action.

TEXAS

Texas follows federal FLSA standards. This collective action covers federal claims. State-specific claims may be limited.

FLORIDA

Florida workers are protected by FLSA. This collective action applies to FLSA claims. Florida's minimum wage is higher than federal minimum wage.

NEW YORK

New York has significant state wage and hour protections with a longer statute of limitations (6 years). You may have additional claims under New York Labor Law that can be pursued separately.

FREQUENTLY ASKED QUESTIONS

Q: Will I have to pay anything to join?
A: No. The attorneys work on contingency and only get paid if the case is successful.

Q: Can my employer fire me for joining?
A: No. Retaliation is illegal. If your employer takes any adverse action, report it immediately.

Q: Will my employer know I joined?
A: Yes, your name will be included in court filings, which are public records.

Q: What if I no longer work for the employer?
A: You can still join if you worked during the covered time period.

Q: How much money might I receive?
A: Recovery depends on your individual circumstances (hours worked, rate of pay, etc.) and the outcome of the case. Consult with the attorneys for an estimate.

Q: What if I miss the deadline?
A: You will not be able to join this lawsuit, but you may still file your own claim (subject to statute of limitations).

This Notice has been authorized by the Court. This is not a solicitation from a lawyer.

Template Note: This notice must be approved by the presiding Court before distribution to potential opt-in plaintiffs. The specific content should be tailored to the facts of the case and comply with local rules and Court requirements.