IN RE: ALICIA BROWN, individually and on behalf of all others similarly situated vs. Nexus Business Solutions, LLC, Case No: 1-17-CV-01679-ELR:CLAIM FOR OVERTIME WAGES PURSUANT TO THE FAIR LABOR STANDARDS ACT 29 USC SECTION 207
UPDATE: The deadline to file your Consent To Join Collective Action Form has passed. We are no longer accepting requests to join this litigation
To: All persons currently employed by NEXUS BUSINESS SOLUTIONS LLC or previously employed by NEXUS BUSINESS SOLUTIONS from July 24, 2014 to the present who held the position of Business Development Manager (“BDM”).
1.Purpose of this Notice
You received this Notice to notify you about the existence of a collective action lawsuit pursuant to the Fair Labor Standards Act (FLSA) styled: Alicia Brown Individually and on behalf of all others similarly situated v. Nexus Business Solutions LLC, Case No. 1-17-CV-01679-ELR. Nexus has identified you as a person who worked as a BDM for Nexus Business Solutions. You are receiving this notice because you may be able to participate in the lawsuit and your rights may be affected by this lawsuit. This notice instructs you on the procedure for participating in this lawsuit, if you so desire. As explained below, the Court has not yet decided the merits of this case.
2.Description of the Lawsuit
Alicia Brown filed a lawsuit in the United States District Court for the Northern District of Georgia on behalf of herself and all similarly situated persons who are now or were previously employed by Nexus Business Solutions, LLC from July 24, 2014 to the present. You are receiving this notice because you have worked as a Business Development Manager (BDM) during this relevant time period. Plaintiff claims that the BDM position does not qualify for exemptions from overtime pay under the Fair Labor Standards Act and that Business Development Managers therefore should have been paid overtime wages for all hours worked over 40 in any given work week throughout the relevant statute of limitations period, and that NEXUS Business Solutions LLC continues to violate the FLSA by misclassifying all BDM as exempt from overtime wages.
Nexus Business Solutions denies the claims. The Court has not yet decided whether the claims or defenses have any merit or whether this case will proceed to trial. There is no money available now and there are no guarantees that there will be. However, if you believe that Nexus Business Solutions LLC has not properly compensated you for all hours worked over 40 hours in a workweek, you have a choice to assert your legal rights in this case by filing a claim and joining this lawsuit, as set forth below.
3.Your Legal Rights & Options
If you wish to join this lawsuit, you must complete the Consent to Join Collective Action form and return it by: fax (800) 548-8292, email [email protected], or U.S. mail to: Brown v Nexus Consent, PO Box 23650, Jacksonville, FL 32241; or go online CLICK HERE TO FILE YOUR CONSENT TO JOIN FORM HERE.
You must complete the Consent form and it must be filed with the court by January 21, 2017 or you will not be allowed to participate in this lawsuit.
If you join the Lawsuit, you will be bound by any judgment of the Court, whether it is favorable or unfavorable. By “opting in,” you gain the possibility of receiving money or benefits if there is a recovery resulting from a trial or settlement in this case, but you give up your right to separately sue Nexus Business Solutions LLC for the same legal claims brought in this lawsuit. If you opt-in, your attorneys’ fees and costs will be on a pure contingency basis, that is, you will not be charged any fees or costs by plaintiff’s counsel unless there is a recovery. The decisions and agreements made and entered into by the Representative Plaintiff will be binding on you if you join this lawsuit.
Further, you should know that you will receive damages only if 1) you join the lawsuit; and (2) the Court determines that your claims are similar to others to be pursued as one lawsuit; (3) the Court determines that your claim is not barred by the statute of limitations; and (4) either the parties settle plaintiff’s claims or plaintiff prevails on her claims. If the case is settled, the Court will have to approve the fairness of the settlement.
If you join the lawsuit, you might be required to provide information or otherwise participate in the case while it is pending, including but not limited to responding to written discovery or sitting for a deposition.
B.You May Choose Not to Join the Lawsuit
You are not required to join the lawsuit. It is your choice as to whether you wish to join. By doing nothing, you retain your right to bring your own separate lawsuit against Nexus Business Solutions LLC. However, if you do not participate in the lawsuit, you will not be eligible to receive any portion of any settlement, recovery, or court awarded damages if obtained.
C.Retaliation Against You is Forbidden and Unlawful under the Fair Labor Standards Act (FLSA).
Federal law prohibits NEXUS Business Solutions LLC from taking any adverse employment action against you because you have opted into this lawsuit by filing the consent form. If you are currently employed by Nexus Business Solutions LLC and file an Opt-In Consent Form, you must continue to do your job and follow the existing policies and work rules. Nexus Business Solutions LLC may still discipline you (including terminating your employment) for reasons unrelated to your decision to participate in this lawsuit, including but not limited to your failure to perform your duties or follow the existing policies.
D.Right to a Lawyer
The named Plaintiff, Alicia Brown, has hired the law firm of Feldman Williams PLLC, and attorneys Mitchell L. Feldman, Esq. and Benjamin L. Williams, Esq. to represent her interests and those who opt-in and elect to have this firm represent them as well. If there is a recovery, the attorneys either will receive a percentage of that recovery or will seek to have their fees paid by Nexus Business Solutions LLC. You are not required by law to hire Mitchell L. Feldman, Esq. and Benjamin L. Williams, Esq. of Feldman Williams PLLC, and you may represent yourself or independently hire your own firm.
Further information about this lawsuit may be obtained by writing or calling counsel for the Representative Plaintiff at the address and contact information listed below. The pleadings and other records in this case may be inspected and copied during regular office hours at the Clerk’s Office, U.S. Courthouse, Richard B. Russell Federal Building, 2211 United States Courthouse, 75 Ted Turner Drive SW, Atlanta, Georgia 30303. For a fee, you may also access all records in this case online by utilizing the Public Access to Court Electronic Records (PACER) service at http://pacer.psc.uscourts.gov.
To opt-in, you must complete the Opt-in Consent Form and send it by fax to: (800) 548-8292, email: [email protected], or U.S. mail to: Brown v Nexus Consent, PO Box 23650, Jacksonville, FL 32241 or go online to: FILE CONSENT TO JOIN ONLINE HERE.
The same Notice and Consent form will be available and can be electronically signed HERE as well.
To be timely, Counsel for the Representative Plaintiff must receive your Opt-in Consent Form no later than January 21, 2017, and it must be filed with the court. If you want to opt-in, please verify that counsel has received your Opt-in Consent Form well before this date or you may lose your right to opt-in. You should receive a confirmation from Feldman Williams PLLC or the Claims Administrator that your consent form has been received and filed with the Court within approximately 14 days after you sent it. If you do not receive this confirmation, Feldman Williams PLLC or the Claims Administrator may not have received it and you should contact the Plaintiff’s lawyers below to avoid being foreclosed from participating in this suit.
If you otherwise have any questions about this notice, you are permitted to contact the Plaintiff’s attorneys at:
FELDMAN WILLIAMS PLLC
MITCHELL L. FELDMAN, ESQ.
Email: [email protected]
BENJAMIN L. WILLIAMS, ESQ.
Email: [email protected]
Phone: 877 946 8293
FAX: 813 639 9376
The Court has taken no position regarding the merits of Plaintiff’s claims or Nexus Business Solutions LLC’s defenses.