***TIME-SENSITIVE, COURT AUTHORIZED NOTICE***
THIS IS NOT AN ADVERTISEMENT FROM A LAWYER
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
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CASSIDY WHITE, Individually and For Others Similarly Situated, Plaintiff, v. APFS LLC d/b/a ADDISON PROFESSIONAL FINANCIAL SEARCH Defendant. |
Case No. 1:23-cv-05464 |
NOTICE OF UNPAID OVERTIME LAWSUIT AGAINST ADDISON
TO: All Current and Former Salaried Recruiters Employed By Addison from September 30, 2021, to September 30, 2024 (“Salaried Recruiters”).
RE: Notice and Consent Form for Nationwide Lawsuit Seeking Unpaid Overtime Damages From Addison For Past Three Years
DEADLINE TO RETURN CONSENT FORM: JANUARY 24th, 2025.
1. Why Are You Getting This Notice?
You received this Notice because the Court overseeing this lawsuit ordered this Notice to be sent to all Salaried Recruiters that were employed by Addison and paid a salary without overtime compensation at any time from September 30, 2021, to September 30, 2024. Addison’s records confirm that you worked as a Recruiter and were paid a salary without receiving any overtime compensation during the relevant time period. This is a time-sensitive matter so please act quickly if you choose to participate in this lawsuit.
The Court has allowed or “certified” a collective action lawsuit that may affect your legal rights to unpaid overtime wages. 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 elect to participate to make a claim for your unpaid overtime wages. The Court has taken no position regarding the merits of the claims or defenses at issue.
2. What Is This Lawsuit About?
Cassidy White, a former Addison Recruiter, filed this nationwide collective action lawsuit on behalf of herself and all other current and former Addison Recruiters who were paid a salary without overtime at any time since September 30, 2021, regardless of where they worked, how much they were paid, or the number of overtime hours worked.
Ms. White alleges that Addison violated a federal law known as the FLSA, which requires employers to pay overtime compensation to employees who work more than 40 hours in a week at a rate of one-and-one-half times their regular rate, unless the employees are “exempt.” Ms. White contends Addison misclassified herself and other Salaried Recruiters as exempt from overtime pay. 29 U.S.C. § 201, et seq. Ms. White seeks back wages in the form of unpaid overtime, double damages (liquidated damages), plus attorneys’ fees and costs for herself and all other similarly situated workers.
Addison denies Ms. White’s allegations and has asserted various defenses. Addison contends it properly paid its Salaried Recruiters pursuant to the FLSA.
The Court has not ruled which party will prevail in this lawsuit but has allowed this Notice to be sent to you to inform you of your legal rights and ability to make a claim for unpaid overtime wages. Should Ms. White prevail in this lawsuit, you may recover damages for alleged unpaid overtime wages between September 30, 2021, and September 30, 2024. The relevant time period for your claim will be calculated based on the date any returned completed Consent to Join Wage Claim Form, which is attached to this Notice, is filed with the Court.
3. Are You Eligible to Join This Lawsuit?
You are eligible to join this lawsuit if:
1: You worked for Addison as a Recruiter at any time from September 30, 2021, to September 30, 2024.
AND
2: You were paid a salary without overtime pay.
What Are Your Options?
If you want to join this lawsuit and make a claim for unpaid wages, you must read, sign, and return the attached Consent to Join Wage Claim Form by January 24th, 2025. You may return your Consent to Join Overtime Wage Claim Form by filling out the attached form and returning it by mail, email, or fax to:
Overtime Lawsuit Against Addison (White)
Josephson Dunlap, LLP
11 Greenway Plaza, Suite 3050
Houston, Texas 77046
Telephone: (888) 992-2990
Fax: (713) 352-3300
Email: info@mybackwages.com
You may also contact an attorney of your choice. If you do not wish to be a part of the collective action lawsuit, you do not need to do anything. The decision to join or not to join is entirely yours.
4. Effect Of Making A Claim For Unpaid Overtime Wages.
If you return a Consent to Join Overtime Wage Claim Form, you will join other employees who worked for Addison and have made a claim for unpaid overtime wages. If this case is not successful, you will receive nothing and you will not be responsible for any fees or costs.
Because the FLSA only allows workers to recover up to the past three years of back wages, eligible workers who do not timely join this litigation by returning a Consent to Join Overtime Wage Claim Form may lose their rights to recover overtime for work performed in the past for Addison.
5. Retaliation Is Prohibited.
This Court and Federal law prohibit anyone from firing or in any other way discriminating against you because you join this case. Addison has agreed to abide by the law in this regard.
6. Your Legal Representation If You Join
If you choose to join this collective action lawsuit by submitting the Notice of Consent attached to this Notice, you are agreeing to be represented by the Plaintiff’s attorneys, and your attorneys in this action will be Michael Josephson and Alyssa White of the law firm Josephson Dunlap, LLP and Richard (Rex) Burch of the law firm Bruckner Burch pllc. Their contact information is listed below.
7. How Can You Receive More Information?
If you have any questions about the collective action or your legal rights, you should contact counsel for the class of Addison’s Salaried Recruiters directly at:
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Michael Josephson
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Richard J. (Rex) Burch |
You should not contact the Court or Addison to discuss this matter.
8. You Have Sixty (60) Days To Join This Lawsuit.
Your determination of whether or not to take action should be made quickly. Because the law only allows a person to recover up to three years of back wages from the date the Consent to Join Overtime Wage Claim Form is submitted, time is of the essence. The longer you wait, the less you could potentially recover. All consent forms must be received no later than January 24th, 2025, which is sixty (60) days after this Notice was mailed to you. A Consent to Join Overtime Wage Claim Form is enclosed with a self-addressed stamped envelope.