LAZ PARKING ASSISTANT MANAGER OVERTIME LAWSUIT

  1. Why did I get this notice?

    1. You are getting this notice because LAZ’s records show that you work or worked for LAZ as an Assistant Manager, however titled, during the relevant time covered by the lawsuit. A lawsuit has been brought against LAZ claiming that AMs were not paid all overtime wages as required by law.


      LAZ denies the allegations and claims that AMs are properly classified as exempt. The purpose of this notice is to notify you of your right to join this case. Please note that the Court has not ruled on the merits of the lawsuit.


      The Honorable Vanessa L. Bryant, United States District Court Judge in the District of Connecticut, is overseeing this collective action. The lawsuit is known as Barone v. LAZ Parking Ltd, LLC, Case No. 3:17-cv-01545-VLB.

  2. What are the Plaintiff's and LAZ's positions in this lawsuit?

    1. Plaintiff Anthony Barone (the “Named Plaintiff” or “Plaintiff”) has filed this action under the FLSA against LAZ on behalf of AMs who worked for LAZ anywhere in the United States at any time from September 13, 2014 to the present.

      Plaintiff alleges that LAZ has misclassified AMs as “exempt” from overtime under the FLSA and therefore failed to pay them overtime pay for hours worked over 40 per week. Plaintiff alleges that he and AMs who opt in should recover unpaid overtime pay, liquidated damages (equal to the unpaid overtime pay), interest, attorneys’ fees, and costs associated with bringing this lawsuit.

      LAZ’s position is that its AMs have the job duties, responsibilities, and salaries of exempt employees, and, as such, AMs are properly classified as exempt from overtime compensation requirements.

  3. Has the Court decided who is right?

    1. The Court has not decided whether LAZ or the Plaintiff is correct. The Court has simply conditionally certified this case as a collective action. The Court may ultimately rule that the Opt-Ins are not similarly situated to Plaintiff or to each other in their job duties and responsibilities and, therefore, decertify the class. Once the evidence is in, the Court may decide in favor of the AMs, or it may decide in favor of LAZ, and rule that no overtime wages are due.

  4. What is a collective action and who is involved?

    1. A collective action lawsuit allows the court to decide multiple workers’ similar claims together in one proceeding. All AMs who decide to participate in the case are Opt-In Plaintiffs or part of a “Collective.” The employee who brought this lawsuit is called the Named Plaintiff. The company that he has sued – LAZ – is called the Defendant. One court resolves the claims of everyone who decides to join the case.

      Here, the court has conditionally authorized this case to proceed as a collective action. Specifically, the Court preliminarily found that Plaintiff who filed this lawsuit is “similarly situated” to other LAZ AMs. The Court may later decertify this Collective based upon a more rigorous analysis of whether members are truly “similarly situated” after the discovery process closes.

  5. Can I join this lawsuit?

    1. If you are an “AM”, you may choose to join this suit (that is, you may “opt in”). To opt in, you must submit a “Consent to Join” form. The Consent to Join form is enclosed with the notice you received. You may use the enclosed envelope to mail your form, or you may fax it or e-mail it to the Notice Administrator (whose information is available in FAQ 10, below), or you may electronically sign and return your form directly on the website.

  6. What happens if I join this lawsuit?

    1. If you file a Consent to Join form by following the instructions, you will be bound by the judgment (the final result of the lawsuit), whether favorable or unfavorable (that is, whether the Plaintiffs win or lose their case against LAZ).

      If you join this lawsuit, you are choosing to be represented by Plaintiff’s counsel and the Named Plaintiff who brought this case to make decisions and agreements on your behalf concerning the lawsuit. These decisions and agreements will then be binding on you.

      If you join this lawsuit, you may be asked to provide information, documents, and/or testimony at a deposition and/or trial regarding the issues in the case. If so, Plaintiff’s counsel will assist you.

  7. What happens if I do nothing?

    1. If you choose not to join this lawsuit, you will not be affected by any ruling, judgment, or settlement rendered in this case, whether favorable or unfavorable. You will not be entitled to share any money recovered in this lawsuit. You also will be free to independently retain your own counsel and file your own individual lawsuit, subject to any defenses that might be asserted. If you proceed separately, you may also have to pay your own lawyer.

      You should be aware that your federal wage and hour claims are limited by a two or three-year statute of limitations. Delay in joining this action, or proceeding separately, may result in some or all of your claims expiring as a matter of law.

  8. How do I join the case?

    1. If you wish to join this lawsuit, it is very important that you read, sign, and promptly return the Consent to Join form. An addressed and postage-paid envelope is included in your notice for your convenience. The Consent to Join Form must be sent to:

      LAZ Parking Overtime Notice Administrator

      PO Box 23680

      Jacksonville, FL 32241-3680
      Phone: (877) 230-1941

      Fax: (877) 430-1941
      [email protected]

      Or, you may electronically sign and return the “Consent to Join” Form directly online no later than January 7, 2020 by inputting the Notice ID and PIN located in your notice:

       

      The signed Consent to Join form must be postmarked or received by the Notice Administrator by January 7, 2020. If your signed Consent to Join form is not postmarked or received by then, you will not be allowed to participate in this lawsuit, or share in any recovery, and you will not be bound by any settlement or judgment.

  9. No retaliation permitted

    1. It would be a violation of federal law for LAZ to fire, discipline, or in any manner discriminate or retaliate against anyone for taking part in this case. If you believe that you have been penalized, discriminated against, or disciplined in any way as a result of your receiving this notification, considering whether to join this lawsuit, or actually joining this lawsuit, you may contact Plaintiff’s lawyers or any other lawyer of your choosing.

  10. Do I have a lawyer in this case?

    1. If you choose to join this suit, you will be represented by the Named Plaintiff through their attorneys. They are:

      KALFTER OLSEN & LESSER LLP

      Seth R. Lesser

      Fran L. Rudich

      Alexis H. Castillo

      Two International Drive, Suite 350

      Rye Brook, NY 10573

      Telephone: (914) 934-9200

      E-mail: [email protected]

      HEAD LAW FIRM, LLC

      C. Andrew Head

      Bethany Hilbert

      4422 N. Ravenwood Avenue

      Chicago, IL 60640

      Telephone: (312) 690-7765

      E-mail: [email protected]

       

      If you want further information about this lawsuit, or have questions about the procedure or deadline for filing a “Consent to Join,” please contact Plaintiff’s counsel above or the Notice Administrator as follows:

       

      LAZ Parking Overtime Notice Administrator

      PO Box 23680

      Jacksonville, FL 32241-3680

      Toll-Free: (888) 768-7138

      Fax: (877) 430-1941

      [email protected]

       

  11. How will the lawyers be paid?

    1. Plaintiff’s attorneys will not charge you directly for their work in this case. If the Plaintiff recovers nothing from LAZ, you will not have to pay the attorneys for any of their work. If there is a recovery, Plaintiff’s attorneys will receive whatever attorneys’ fees the Court orders. Those fees may be subtracted from the recovery obtained from LAZ, or they may be paid separately by LAZ, or they may be a combination of the two.

  12. This notice has been authorized by the Court.

    1. This notice and its contents have been authorized by the United States District Court for the District of Connecticut, the Honorable Vanessa L. Bryant presiding.