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Federal law (FLSA)
requires every employer to pay each employee in any workweek a
minimum wage at the following rates: (a) less than $5.85 an hour
during the year beginning on July 24, 2007; and not less than $6.55
an hour during the year beginning on July 24, 2008; and not less
than $7.25 per hour from July 24, 2009.
An employee of
Presidential Limousine; CLS Nevada (CLS Transportation); and Jacob
Transportation Services (Executive Las Vegas) filed a collective
(class)
action lawsuit alleging that these companies did not pay him and
other similarly-situated employees
the minimum wages and/or overtime for all the hours worked each
week.
On March 4, 2011, the Court severed Jacob Transportation from
the case and consolidated it with an existing prior case. Thus, Jacob Transportation is a
now in the new consolidated case with the case
number 2:09-cv-00466-GMN-RJJ.
Plaintiffs in the case
had alleged that Presidential Limousine; CLS Nevada (CLS
Transportation); and Jacob Transportation Services (Executive Las
Vegas) failed to pay limousine drivers their rightfully due minimum
wages and overtime
wages, and Plaintiffs alleged that this failure was willful. The employees filed this lawsuit on
their own behalf, and also as
a collective/class action1
on behalf of other former and current limousine drivers of these
companies.
Please note: Due
to time limits (statute of limitations) associated with this type of
lawsuit, it is important that you protect your rights. We urge you
that you take prompt legal action, either by joining this
lawsuit or by pursuing legal action on your own. The statute of
limitations is triggered by the date you initiate legal action, either by filing a
Consent To Join this lawsuit, or by pursuing legal action on
your own. If you would like, you can call us at 801-269-9541 to
discuss your personal situation. Of course, you are also free to
consult with another attorney of your choice.
Plaintiff in this
lawsuit had specifically alleged the following:
Plaintiff
alleges that he and other similarly-situated limousine drivers
were regularly scheduled to work a set shift each day and a
fixed number of hours per shift, usually between eight to 12
hours per day. They were required to be on-duty during the
entire scheduled shift.
Plaintiff
alleges that instead of paying an hourly wage to the limousine
drivers, Defendants paid them a fixed dollar amount per trip
during which a person or group was transported (e.g., $14.00 per
trip).
Plaintiff alleges
that regularly, because of slow business and/or other reasons,
the limousine drivers undertook such a small number of trips per
week that their total hourly pay (i.e., the number of trips per
week multiplied by the fixed rate per trip, and then divided by
the total number of hours worked in a week) equaled less than
the minimum hourly wage mandated by the FLSA. For example, if a
driver worked five eight-hour shifts in a week, and undertook
three trips each day at $14.00 per trip, this equaled $42.00 per
day, for a total of $210.00 per week. Yet, 40 hours at the
required minimum wage of $6.55 per hour should have been
compensated at the rate of $262.00 per week.
This lawsuit involves
certain employees who are currently or were previously employed by
the above companies as limousine drivers. If you were employed by
any of the three companies (Presidential Limousine; CLS Nevada (CLS
Transportation); and Jacob Transportation Services (Executive Las
Vegas)) as a limousine driver, and if you believe that you might
have suffered any of the allegations mentioned above, you may be
entitled to recover wages and/or overtime owed to you under the law,
if a court or a jury finds this extra time to be covered as
compensable work under FLSA.
Plaintiff has brought this lawsuit on
his behalf and
also on behalf of other current and former employees
of these three companies with whom he are similarly situated.
If you choose to
participate in this lawsuit, you must have:
-
worked as a
limousine driver;
-
worked at a location
in Nevada operated by Presidential Limousine or CLS Nevada (CLS
Transportation); and
-
not received
at least minimum wage at any time within the last three years,
and/or not received overtime pay (time and one-half) for any
hours worked over forty (40) hours per week
Additionally, you may contact us to see if you qualify.
If you fit the
definition above, and you would like to join this lawsuit, you may join this lawsuit (that is, you may "opt
in") by mailing the "consent
form" to Plaintiffs' counsel at the following address:
Attn:
Presidential/CLS Case
Law Office of Jesse Brar, P.C.
670 East 3900 South, Suite 101
Salt Lake City, UT 84107
If you file a "consent
form," your continued right to participate in this lawsuit may depend
upon a later decision by the District Court that you and other
Plaintiffs in this action are indeed "similarly situated" in
accordance with federal law. If you would like, you can call
us at 801-269-9541 to discuss your personal situation, or you can
contact
another attorney of your choice.
If you choose to join
this lawsuit, you will be bound by the Judgment of the Court, whether it is
favorable or unfavorable. While this suit is proceeding, you may be
required to respond to written questions, sit for depositions and/or
testify. The attorneys for Plaintiffs in this lawsuit will work to
ensure that this is with minimum inconvenience to you.
If you choose to join
this lawsuit, and if the District Court does certify this case as a
"class action," 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, including the settlement
therefore, 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 lawsuit. The named-plaintiffs understand that, as
class representatives, they assume a fiduciary responsibility to the
Class members, to represent their interests fairly and adequately.
Plaintiffs recognize that as class representatives, they must
represent and consider the interests of the Class just as they would
represent and consider their own interests.
If you choose
not to join this
lawsuit, 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, and then join later, your
recovery might be reduced because of the statute of limitations.
Federal law prohibits an
employer from discharging or in any other manner
discriminating against you because you have exercised your rights
under the Fair Labor Standards Act.
If you choose to join
this lawsuit, your interests will be represented by the named
Plaintiffs through their attorneys as counsel for the Plaintiffs2:
Jesse S. Brar
Law
Office of Jesse Brar, P.C.
670 East 3900 South, Suite 101
Salt Lake City, UT 84107
Telephone: (801) 269-9541
Toll Free:
1-888-699-2432
Fax: (801)
269-9581
Email:
jesse@limoclassaction.com
Sharon Preston
Sharon L. Preston, P.C.
670 East 3900 South, Suite 101
Salt Lake City, UT 84107
Telephone:
(801) 269-9541
Toll Free:
1-888-699-2432
Fax: (801)
269-9581
Email:
sharon@limoclassaction.com
1.
Under Section 216(b) of the Fair Labor Standards Act a lawsuit for
unpaid wages or overtime compensation is called a “collective
action” which is similar to but not identical to a “class action”
under Rule 23 of the Federal Rules of Civil Procedure. One of the
important differences between these two types of cases is that only
people who actually opt in to a Fair Labor Standards Act collective
action (file a Consent to Become a Party Plaintiff Form) are
affected by any settlement of or judgment/decisions in the lawsuit.
2. Although the Plaintiffs have filed this
action as a collective action, the Court has not certified this
lawsuit as a collective action or a class action as of this time.
If you have any
questions or need further information about this lawsuit, please
contact Plaintiffs counsel.
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