United States District Court, D. Nebraska
MATTHEW FONTENOT, Individually and on Behalf of All Others Similarly Situated; Plaintiff,
MCNEIL INDUSTRIAL, INC., Defendant.
M. Bazis United States Magistrate Judge.
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.
reviewed and considered the matter, the approved notice is
set forth below.
OF COLLECTIVE ACTION LAWSUIT
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.
current and former independent contractor welders engaged by
McNeil Industrial, Inc., and paid an hourly rate in the last
three (3) years.
Collective action lawsuit seeking unpaid overtime and back
TO RETURN CONSENT FORM: «60 days from
Why Are You Getting This Notice?
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
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.
What Is This Lawsuit About?
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.
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.
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