Frequently Asked Questions
Why did I get the notice?
You are getting the notice because Defendants’ records show that you may have worked as an hourly worker at one of JVK Operations Limited’s facilities in New York or New Jersey from May 21, 2016, to the present. Plaintiffs sued Defendants claiming that they violated various provisions of the FLSA.
What is a collective action and who is involved?
In a collective action lawsuit, one or more persons can bring a lawsuit on behalf of others who have similar claims. The individuals who brought this lawsuit are called the Plaintiffs. The corporate entities and individuals that they have sued are called the Defendants. One Court resolves the issues for everyone who decides to join the case.
What is this collective action lawsuit about?
This collective action lawsuit is about whether Defendants’ compensation practices violated the FLSA. The lawsuit alleges that Defendants violated the FLSA by not paying Plaintiffs and other employees similarly situated minimum, overtime and other wages owed to them. Plaintiffs are seeking to recover unpaid wages, in addition to liquidated damages, attorneys’ fees, and costs.
Defendants deny any wrongdoing and/or liability and maintain that all of their employees were and continue to be paid in accordance with the FLSA.
How do I join this collective action lawsuit?
To participate in this lawsuit through the Plaintiffs’ attorney, you must fill out the enclosed form called “Consent to Join” and mail it in the enclosed, postage-paid envelope to Plaintiffs’ lawyers. Should the enclosed envelope be lost or misplaced, the “Consent to Join” Form must be sent to:
Katz Melinger PLLC
280 Madison Avenue, Suite 600
New York, New York 10016
You can also fax the “Consent to Join” form to (212) 428-6811,
text it to (929) 515-3232 or scan and email it to DHernandez@katzmelinger.com
The signed “Consent to Join” form must be postmarked, texted, faxed, or e-mailed by April 1, 2022. If your signed “Consent to Join” form is not postmarked, texted, faxed, or e-mailed by April 1, 2022, you may not be allowed to participate in the federal law portion of this lawsuit.
You have a right to be represented by your own attorney, but you will be responsible for making arrangements for payment of the fees of the attorney you select. The attorney you hire must file with the court a “Consent to Join” form by April 1, 2022, and must enter a formal appearance as attorney on your behalf.
What happens if I join this lawsuit?
You will be bound by any ruling, settlement, or judgment, whether favorable or unfavorable. If there is a favorable resolution, either by settlement or judgment, and you qualify under the law, you will be entitled to some portion of the recovery.
If you join this lawsuit and send your “Consent to Join” form to Katz Melinger PLLC, you agree to have the Plaintiffs and their counsel act as your representative and make decisions on your behalf concerning the case, including approving any settlement. Decisions made and agreements entered into by the Plaintiffs and their counsel will be binding on you if you join this lawsuit, subject only to the Court’s discretion. If you hire your own attorney, you will be bound by decisions and agreements that your attorney makes on behalf of this lawsuit.
If you join this lawsuit, you may be asked to give testimony and information about your work for JVK Operations Limited to help the Court decide whether you are owed any money. Plaintiffs’ counsel will assist you with this process. For this reason, if you join this lawsuit, you should preserve all documents relating to your employment currently in your possession.
Finally, this case is a matter of public record and all filings in this action are publicly available online through the Court’s electronic docket. Accordingly, anyone who submits a Consent to Join form should understand that his or her participation in this collective action will also be a matter of public record.
What happens if I do nothing at all?
You will not be included in this lawsuit for the purpose of asserting unpaid minimum and overtime wages claim under federal law. Therefore, you will not be entitled to any recovery in this case should there be any for those claims. The limitations period on your claims continues to run.
If I join, will there be any impact on my employment?
The law prohibits Defendants from discharging or retaliating against you because you join this case or have in any other way exercised your rights under the law.
Do I have a lawyer in this case?
Plaintiffs are represented by Katz Melinger PLLC. If you join by sending your opt-in to the Plaintiffs’ attorney, Katz Melinger, PLLC will represent you on a contingency fee basis, meaning you will not owe any attorneys’ fees unless you are successful and win the case, or obtain a settlement.
Do the Defendants have a lawyer in this case?
The Defendants in this case are represented by:
Certilman Balin Adler & Hyman, LLP
90 Merrick Avenue, 9th Floor
East Meadow, NY 11554