Inspectorate America Corp. Overtime Lawsuit

Lawsuit Update - Summary Judgment

On October 17, 2011, the Court issued an Order finding that Defendant's "Fluctuating Workweek" or "Chinese Overtime" was illegal, as applied to its OGC Inspectors. As such, the Court determined that Plaintiffs were not properly paid all overtime due them because Defendants illegally paid OGC Inspectors half-time rather than time and a half. Additionally, because the Court determined that Inspectorate's violations of the FLSA were not in "good faith" the Court also deemed that each Inspector is entitled to "liquidated damages" in addition to his or her unpaid wages. However, the Court also found that Inspectorate's violations were not "willful." As a result, the statute of limitations applicable to each Inspector's claim is 2 years (not 3)- calculated backwards from the date each individual joined the lawsuit. To read the Court's Opinion, click here.

Lawsuit Update - Opt-in Period

The opt-in period has now closed. However, if you are interested in pursuing your claims and have not signed a consent to join the case to date, contact us to learn about your rights.

INTRODUCTION TO THE CASE

The lawsuit at issue was filed on July 30, 2009, against Defendant Inspectorate America Corp. ("Inspectorate" or "Defendant"). Plaintiff and one hundred and five (105) Oil, Gas and Chemical Inspectors ("OGC Inspectors") who have joined the case to date, allege that Defendant violated the federal Fair Labor Standards Act by not properly paying eligible employees time and one-half, or overtime compensation, for all hours worked in excess of 40 hours in a week. The lawsuit is seeking back pay and liquidated damages from the Defendant, as well as costs and attorney's fees to compensate such eligible employees.

Plaintiffs' lawyers in this case are:

Andrew Frisch, Esquire
Bernard Mazaheri, Esquire
MORGAN & MORGAN, P.A.
6824 Griffin Road
Davie, Florida 33314
Telephone: (866) 344-WAGE (9243)
Facsimile: (954) 333-3515
Website: www.InspectorateOvertimeLawsuit.com
Attorneys for Plaintiff
AFrisch@forthepeople.com
BMazaheri@forthepeople.com

The Court has not yet decided whether Defendant has done anything wrong or whether this case will proceed to trial. There is no money available now and no guarantees that there will be. However, you have a choice to assert your legal rights in this case. If you do not choose to do this, then you will not be entitled to share in any money award that is made in the case.

1. COMPOSITION OF THE CLASS

The named Plaintiff and the OGC Inspectors who have joined to date, seek to sue on behalf of themselves and also on behalf of other employees with whom they are similarly situated. Specifically, Plaintiff seeks to sue on behalf of any and all OGC inspectors who have worked for Inspectorate at any time within the past three years (or who are currently employed by Defendant), and who have been paid pursuant to the "fluctuating work week" overtime method for any work they performed in excess of 40 hours each week.

2. YOUR RIGHT TO PARTICIPATE IN THIS SUIT

If you fit the definition above, you may join this case (that is, you may "opt-in") by completing and mailing the "Consent to Become Party Plaintiff" form to Plaintiffs' counsel at the following address:

Andrew Frisch, Esquire
Bernard Mazaheri, Esquire
MORGAN & MORGAN, P.A.
6824 Griffin Road
Davie, Florida 33314
Telephone: (866) 344-WAGE (9243)
Facsimile: (954) 333-3515
Website: www.InspectorateOvertimeLawsuit.com
Attorneys for Plaintiff
AFrisch@forthepeople.com
BMazaheri@forthepeople.com

The form must be sent to Plaintiffs' counsel no later than June 15, 2010. If you fail to return the Consent to Become Party Plaintiff, you may not be able to participate in this lawsuit.

3. EFFECT OF JOINING THIS CASE

If you choose to join in this case, you will be bound by any ruling, judgment, award, or settlement ultimately entered in this case, whether it is favorable or unfavorable. If you join this case, you may be required to respond to interrogatories and requests for production of documents, and have your testimony taken in a deposition under oath.

The attorney for the class Plaintiff is 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 attorney for the class will receive a part of any settlement obtained or money judgment entered in favor of all members of the class.

If you sign and return the Consent to Become Party Plaintiff form, you are agreeing to the entering of an agreement with Plaintiffs' counsel concerning attorney's fees and costs, and all other matter pertaining to this lawsuit. However, the Court has retained jurisdiction to determine the reasonableness of any contingency agreement entered into by Plaintiffs with counsel, and to determine the adequacy and appropriateness of Plaintiffs' counsel's fees.

Furthermore, you can join this lawsuit by counsel of your own choosing. If you do so, your attorney must file an "opt-in" consent form no later than June 15, 2010.

4. TO STAY OUT OF THE LAWSUIT

If you do not wish to be a part of the lawsuit, you do not need to do anything. If you do not join the lawsuit, you will not be part of the case in any way and will not be bound by or affected by the result, whether favorable or unfavorable. Your decision not to join this case will not affect your right to bring a similar case on your own at a future time. However, claims under the Fair Labor Standards Act must be brought within two (2) years of the date the claim accrues, unless the employer's violation of the law was "willful," in which case the claim must be brought within three (3) years.

5. NO RETALIATION PERMITTED

Federal law prohibits Defendant from discharging or in any other manner discriminating against you because you "opt-in" to this case, or have in any other way exercised your own rights under the Fair Labor Standards Act.

6. YOUR LEGAL REPRESENTATION IF YOU JOIN

If you choose to join this suit, and agree to be represented through plaintiffs' attorney, your counsel in this action will be.

Andrew Frisch, Esquire
Bernard Mazaheri, Esquire
MORGAN & MORGAN, P.A.
6824 Griffin Road
Davie, Florida 33314
Telephone: (866) 344-WAGE (9243)
Facsimile: (954) 333-3515
Website: www.InspectorateOvertimeLawsuit.com
Attorneys for Plaintiff
AFrisch@forthepeople.com
BMazaheri@forthepeople.com

7. FURTHER INFORMATION

Further information about this Notice, the deadline for filing a Consent to Become Party Plaintiff, or answers to questions concerning this lawsuit may be obtained by writing or phoning Plaintiffs' counsel at the telephone number and address stated in the Paragraph titled "Introduction to the Case" above. Other than to review the filings that have been made in this case, please do not contact the Court or the Clerk of the Court directly.

If you have any questions about the Inspectorate America Corp. Overtime Lawsuit, or overtime pay issues with any employer or past employer, please call 877-MORGAN-LAW, or fill out the short form below.
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7204

Andrew Frisch, Esquire
Bernard Mazaheri, Esquire
Morgan & Morgan, P.A.
6824 Griffin Road
Davie, Florida 33314
Telephone: (877) MORGAN-LAW
[877-667-4265]
Facsimile: (954) 333-3515
Attorneys for Plaintiff
AFrisch@forthepeople.com
BMazaheri@forthepeople.com