Randle v. Allconnect, Inc., No. 1:2014cv00245 - Document 36 (N.D. Ga. 2014)
Court Description: OPINION AND ORDER GRANTING IN PART Plaintiff's 4 Motion for Conditional Collective Action Certification and Issuance of Notice to Putative Class Members. The Court conditionally certifies the class of current and former non-exempt Home Se rvice Consultants employed by Allconnect at its Atlanta call center from January 28, 2011, to the present. Notice of Court Certification shall be given to potential class members in the form attached as Exhibit 1 to this Order. IT IS FURTHER ORDE RED that the Consent to Join Collective Action form attached as Exhibit 2 to this Order shall be used to opt into this action. IT IS FURTHER ORDERED that Defendant shall, on or before May 20, 2014, provide to Plaintiff a list of potential class members, their full names, last-known addresses, email addresses, dates of employment and dates of birth. Signed by Judge William S. Duffey, Jr on 5/6/2014. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (anc)
Download PDF
<![CDATA[
Exhibit 1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION AYISHA RANDLE, on behalf of herself and all those similarly situated, Plaintiff, v. 1:14-cv-245-WSD ALLCONNECT, INC., Defendant. NOTICE OF COURT CERTIFICATION OF COLLECTIVE ACTION IN FEDERAL OVERTIME LAWSUIT AGAINST ALLCONNECT, INC. THIS NOTICE AND ITS CONTENTS HAVE BEEN AUTHORIZED BY THE UNITED STATES DSITRICT COURT, HONORABLE WILLIAM S. DUFFEY, JR., DISTRICT JUDGE. THIS NOTICE IS FOR THE SOLE PURPOSE OF PROVIDING YOU WITH INFORMATION CONCERNING YOUR RIGHT TO JOIN THIS LAWSUIT. THE COURT HAS NOT YET EXPRESSED ANY OPINION ABOUT THE MERITS OF THE CLAIMS ASSERTED OR THE DEFENSES RAISED, AND YOU SHOULD NOT INTERPRET THE SENDING OF THIS NOTICE AS ANY INDICATION OF THE COURT S OPINION OF THE ULTIMATE OUTCOME OF THIS CASE. PLEASE DO NOT CONTACT THE COURT OR THE COURT CLERK WITH QUESTIONS ABOUT THIS LAWSUIT OR NOTICE. To: All persons currently or formerly employed by Allconnect, Inc. ( Allconnect ) as a Home Service Consultant in Atlanta, Georgia, who were paid on an hourly basis and who claim they worked over 40 hours for Defendant in one or more workweeks from January 28, 2011, to the present and who claim they were not paid one and one half their regular rate for all hours worked over 40 in a workweek. I. INTRODUCTION You may be eligible to join the above-captioned collective action lawsuit alleging violation of federal overtime wage (the Lawsuit ). The Lawsuit alleges that Allconnect wrongfully failed to pay its Home Service Consultants overtime pay for those hours Home Service Consultants were required to work off the clock in excess of 40 hours in one or more workweeks. The Lawsuit asserts that overtime compensation for this alleged off-the-clock work was required to be calculated at a rate not less than one and one half times the employee s regular rate for all hours worked over 40 in a workweek. Allconnect denies that it failed to pay any overtime compensation owed. Allconnect claims its employees were prohibited from accepting calls or performing any other work off-the-clock. Allconnect asserts that Home Service Consultants reviewed their hours worked at the end of each pay period and were given the opportunity to either confirm or dispute their hours so that they could be paid properly. Allconnect claims it paid Home Service Consultants all overtime pay earned. II. YOUR RIGHT TO PARTICIPATE IN THE LAWSUIT If you were employed by Allconnect as a Home Service Consultant in Atlanta, Georgia at any time from January 28, 2011, to the present and were paid on an hourly basis and were allegedly not paid at a rate not less than one and one half your regular rate for all hours worked over 40 in a workweek, you may join the Lawsuit by opting-in. To do so, complete fully the attached Consent to Join form and mail, fax or e-mail it, within 45 days of the date of this Notice, to Plaintiff s Counsel at the following address: Amanda Farahany Severin Roberts Barrett & Farahany 1100 Peachtree St., N.E., Suite 500 Atlanta, Georgia 30309 E-Mail: vsroberts@bf-llp.com Telephone: (404) 214-0120 Facsimile: (404) 214-0125 2 It is entirely your decision whether to participate in the Lawsuit. You are not required to take any action if you do not wish to participate. If a Consent to Join form from you is not received by Plaintiff s Counsel within 45 days from the date of this notice, you will not be included as a participant in the Lawsuit. III. EFFECT OF JOINING THE LAWSUIT If you choose to join the Lawsuit, you will be bound by any judgment or settlement in this case, whether it is favorable or unfavorable. By opting-in, you designate Ayisha Randle as your agent to make binding decisions on your behalf concerning the litigation. If you join this action and become a participant, you may be required to provide information in the case. If you do not prevail on your claim, court costs and expenses could be assessed against the Plaintiff and opt-in Plaintiffs, including you. This notice shall not be interpreted to mean that the Court has determined that you are or may be entitled to any monetary recovery if you opt into the Lawsuit. A Consent to Join form, if timely received, simply allows you to indicate your desire to participate in this litigation. The Court later will decide if you are similarly situated to the Plaintiff sufficient to allow you to continue as a participant in this case. Counsel for Plaintiff If you choose to participate in the Lawsuit and agree to be represented by the named Plaintiff through her attorneys, your counsel in this case will be Barrett & Farahany, LLP. Alternatively, you may seek to join the Lawsuit and retain counsel of your choice at your own expense. If you wish to retain your own counsel, your attorney must file your Consent to Join form with the Court and enter an appearance in this action. IV. IF YOU CHOOSE NOT TO JOIN THE LAWSUIT If you choose not to join the collective action, you will not be affected by any judgment rendered or settlement reached in this case and you will be free to file your own lawsuit in any federal District Court where such a lawsuit may properly be brought. 3 V. NO RETALIATION IS PERMITTED Federal law prohibits anyone from discriminating or retaliating against you for joining or deciding not to join in the Lawsuit. VI. FURTHER INFORMATION If you have questions about this Notice, or about the Lawsuit, you may contact Plaintiff s counsel, Barrett & Farahany, at the telephone number or address listed on page 2 of this Notice. Date of Notice: _______________ 4
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
