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Fontenot v. McNeil Industrial, Inc.

United States District Court, D. Nebraska

November 29, 2018

MATTHEW FONTENOT, Individually and on Behalf of All Others Similarly Situated; Plaintiff,
v.
MCNEIL INDUSTRIAL, INC., Defendant.

          ORDER

          Susan M. Bazis United States Magistrate Judge.

         On November 28, 2018, a telephone conference was held regarding a dispute over the content of the notice to be sent to members of this conditionally certified collective action. It was agreed during the conference that the Court would review the parties' proposed notices, and then provide the parties with the notice to be used in this action.

         Having reviewed and considered the matter, the approved notice is set forth below.

         NOTICE OF COLLECTIVE ACTION LAWSUIT

         This notice is for the sole purpose of determining the identity of those persons who wish to be involved in this case. Although the United States District Court for the District of Nebraska has authorized sending this notice, the Court has not considered or made any decision as to the merits of Plaintiffs' claims or Defendant's defenses.

         TO: All current and former independent contractor welders engaged by McNeil Industrial, Inc., and paid an hourly rate in the last three (3) years.

         RE: Collective action lawsuit seeking unpaid overtime and back wages.

         DEADLINE TO RETURN CONSENT FORM: «60 days from mailing»

         1. Why Are You Getting This Notice?

         You received this notice because the Court in charge of this collective action lawsuit has ordered this notice be sent to persons who are identified by McNeil's records as current or former independent contractor welders engaged by McNeil Industrial, Inc., and paid an hourly rate in the last three (3) years.

         The Court has “conditionally certified” a collective action lawsuit that may affect your legal rights. This notice is intended to advise you of how your rights under the Fair Labor Standards Act (“FLSA”) may be affected by this lawsuit and describe how you can participate in this suit if you want to.

         2. What Is This Lawsuit About?

         Matthew Fontenot, a former McNeil welder, filed this lawsuit on behalf of himself and other current and former independent contractor welders engaged by McNeil Industrial, Inc., and paid an hourly rate in the last three (3) years. Mr. Fontenot alleges McNeil misclassified its welders as independent contractors and failed to pay them overtime for time worked over 40 hours in a week in violation of federal law. Mr. Fontenot alleges that McNeil owes the welders back wages in the form of unpaid overtime, double damages (liquidated damages), plus his attorneys' fees and costs for himself and all similarly situated workers.

         McNeil denies Mr. Fontenot's allegations and has asserted various defenses. McNeil contends its welders have been, and continue to be, properly classified and paid under the FLSA.

         The Court has not ruled which party will prevail in this lawsuit but has ordered that this notice be sent to you to inform you of your legal rights and ability to make a claim for unpaid overtime wages and money damages. By returning a Consent to Join Wage Claim Form, you can make a claim to recover damages under ...


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