Opt-in plaintiffs may have until December 1, 2016, to file notices of consent to join the lawsuit. As agreed in the parties' joint motion, defendant may have 14 days to provide plaintiff's counsel the names and mailing addresses of each installer described in the previous paragraph.ģ.
Plaintiff is authorized to send notice to other installers who were classified as independent contractors and worked for defendant Startek Workforce Solutions, LLC more than 40 hours a week during the relevant time period.ģ. The parties' joint motion for conditional certification, dkt. Because I see no problems with the content of the notice or the parties' proposed two month notice period, I approve the notice as well. June, 7, 2010) (conditional certification requires "a modest factual showing" that plaintiff and potential class members were "victims of a common policy or plan that violated the law").Īccompanying the parties' motion is a proposed notice to potential members of the collective action. At this point, the parties have not identified any relevant differences between plaintiff and other installers, so I agree that conditional certification is appropriate. The collective action would include anyone who was an installer for defendant within the last two years, was classified as an independent contractor and worked more than 40 hours in a week.Ĭonditional certification allows a plaintiff to provide notice to others who may be similarly situated so that they may make an informed decision whether to join the case. The parties have filed a joint motion to conditionally certify what is called a "collective action" under 29 U.S.C. Defendant says that it was not required to pay overtime to installers because they are independent contractors rather than employees. Plaintiff is suing defendant for failing to pay him and other "installers" overtime wages, as required by the Fair Labor Standards Act. Offer may be modified or withdrawn without notice.Plaintiff Jose Ayala is an "installer" for defendant Startek Workforce Solutions, LLC, a company that "provid workforce for installation of Advanced Video, High Definition Programming, Digital Video Recording, High-Speed Internet and Telephone Services.". Bonus is interest and subject to reporting on Form 1099-INT. Bonus will be credited to the account within 30 days of the account qualifying for the bonus. Account must be open when bonus is credited. Eligibility is based on primary account owner. What to know: Offer not valid for existing or prior Discover savings customers or existing or prior customers with savings accounts that are co-branded, or affinity accounts provided by Discover. Deposit must be posted to account within 30 days of account open date. Deposit into your account a total of at least $15,000 to earn a $150 Bonus or deposit a total of at least $25,000 to earn a $200 Bonus. To get your $150 or $200 Bonus: What to do: Apply for your first Discover Online Savings Account, online, in the Discover App or by phone.
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