Добрый день сегодня получил забавное письмо,от не пойму кого,но с полными моими данными о том что когда я учился в компании Свифт,мне не доплачивали типо и вот кто то добрый готов за это бороться.Кто с этим сталкивался и что это такое?
UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA
OFFICIAL COURT AUTHORIZED NOTICE
(This is not a solicitation from a lawyer)
If you were a Trainee Truck Driver for Swift Transportation, Inc. and/or Swift Transportation Company of Arizona, LLC (“Swift”) between January 6, 2014 and present, please read this notice.
A lawsuit is pending in federal district court claiming that Swift has failed to pay its Trainee Truck Drivers minimum wage, in violation of the Fair Labor Standards Act.
The Court authorized the parties to send notice of this lawsuit under the Fair Labor Standards Act to individuals employed by Swift as a Trainee Truck Driver at any time during the period of January 6, 2014 to the present.
Swift denies that the claims have merit. Swift contends that it has paid the Trainee Truck Drivers properly under the Fair Labor Standards Act and that the matter cannot proceed as a collective action.
The Court has not decided who is right or wrong.
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WHY DID I GET THIS NOTICE?
On August 30, 2017, the Federal District Court overseeing this case granted “conditional certification” for the case to proceed as a “collective action” and directed that notice of the lawsuit be sent to current and former Trainee Truck Drivers of Swift. This notice has been sent to you because Swift’s records indicate that you are or were a Trainee Truck Driver employed by Swift during the relevant time period. This notice is intended to inform you of this lawsuit and of your right to join it as an opt-in plaintiff.
FOR YOU TO BE INCLUDED IN THIS CASE AND IN ANY JUDGMENT, WHETHER FAVORABLE OR NOT, YOU MUST EITHER: FILL OUT AND SIGN A “CONSENT TO JOIN” FORM ELECTRONICALLY AT Julian v Swift Transportation, Inc., USING YOUR INDIVIDUAL ID: ; OR MAIL THE BELOW “CONSENT TO JOIN” FORM IN ACCORDANCE WITH THE INSTRUCTIONS BELOW. DO NOT REPLY TO THIS EMAIL.
2. WHAT IS THE LAWSUIT ABOUT?
The Plaintiffs allege that Swift has denied minimum wages to its Trainee Truck Drivers by requiring them to perform work off-the-clock, without compensation. The categories of work Plaintiffs allege were not compensated include time spent: riding in the truck while in route; studying; and performing other productive tasks while off-the-clock. Plaintiffs allege that the off-the-clock work results in the denial of minimum wage. Swift denies that the claims have merit. Swift contends that it has paid the Trainee Truck Drivers properly under the Fair Labor Standards Act.
The lawsuit is entitled Julian, et al. v. Swift Transportation Co. of Arizona, LLC, et al., Case No. 2:16-CV-00576-ROS, and is filed in U.S. District Court for the District of Arizona.
3. WHAT ARE MY CHOICES?
If you worked for Swift as a Trainee Truck Driver in the United States at any time from January 6, 2014 to the present, you are eligible to join this action as a plaintiff. Joining this action does not necessarily mean that you will obtain money, only that the Court will determine whether your rights have been violated under the Fair Labor Standards Act.
To take part in this lawsuit, you must submit a “Consent to Join Collective Action” Form. There are two ways to submit the form.
The first option is to fill out and sign a form electronically at the following website:
Julian v Swift Transportation, Inc.
To access the website, you must type in your Individual ID:
The second option is to sign and mail the form below to the following address:
Julian v. Swift Transportation Co.
c/o Heffler Claims Group
P.O. Box 59164
Philadelphia, PA 19102-9164
Your Consent to Join Form must be postmarked by January 16, 2018 or electronically submitted no later than 11:59 p.m. Pacific Time on January 16, 2018, to be considered timely. All Consent Forms will be filed with the Court.
4. WHAT HAPPENS IF I JOIN?
If you join, the named Plaintiff in the case and the lawyers listed below will represent you and work with you to try to obtain relief on your behalf. The Court or a jury will determine whether your rights have been violated. You will be bound by the Court’s judgment, whether it is favorable or unfavorable to you.
If there is a recovery, Plaintiffs’ attorneys will be compensated for their fees and costs either by receiving a portion of the recovery or by a separate payment by Swift (or a combination of the two), in an amount approved or determined by the Court. If there is no recovery, you will not be required to pay Plaintiffs’ attorneys for any of their fees or costs.
Your decision to submit a Consent to Join Form does not necessarily determine whether or not you will be required to participate in discovery during this case. Discovery might be taken from both those who submit a Consent to Join form as well as those who do not.
5. WHAT HAPPENS IF I DO NOT JOIN?
If you do not join, you will not be entitled to share in any amounts recovered under the FLSA in this action, if any. Your rights under the FLSA will not be affected by any judgment issued or settlement approved, if any, by the Court in this case - whether it is favorable or unfavorable.
6. HOW DO I JOIN?
If you wish to join this lawsuit, you must either: (1) fill out and sign a “Consent to Join Form” electronically at Julian v Swift Transportation, Inc., using your Individual ID: or (2) sign and mail the below “Consent to Join Form” to the following address: Julian v. Swift Transportation Co., c/o Heffler Claims Group, P.O. Box 59164, Philadelphia, PA 19102-9164. FORMS CANNOT BE SUBMITTED BY EMAIL.
The signed Consent to Join form must be either electronically submitted on the website by 11:59 p.m. Pacific time on January 16, 2018 or postmarked by January 16, 2018 for it to be considered timely.
If your Consent Form is not electronically submitted or postmarked by January 16, 2018, you may not be eligible to participate in this lawsuit. Signing a Consent Form does not guarantee any recovery in this lawsuit. If you have any questions about filling out or sending in the Consent Form, you may contact the lawyers listed on page 4 of this notice.
7. NO RETALIATION PERMITTED.
It is a violation of federal law for Swift to discriminate in any manner, or to retaliate against you for taking part in this case. If you believe that you have been penalized, discriminated against, or disciplined in any way as a result of your receiving this notice, considering whether to join this lawsuit, or actually joining this lawsuit, you should contact an attorney.
8. HOW CAN I GET MORE INFORMATION?
Additional information can be obtained by contacting the Plaintiffs’ lawyers listed below.
The Court file in the case can also be examined in person at the Clerk’s Office of the United States District Court, Sandra Day O’Connor U.S. Courthouse, Suite 130, 401 West Washington Street, SPC 1, Phoenix, AZ 85003-2118. Court documents may also be viewed electronically for a charge by visiting the Court’s Electronic Records database PACER at www.pacer.gov, and inputting the case information. The case name is Julian, et al. v. Swift Transportation Co. of Arizona, LLC, et al., Case No. 2:16-CV-00576-ROS, and the Court is the United States District Court, District of Arizona. Other than in-person requests to examine the file at the Clerk’s office, no inquiries concerning this case should be directed to the Court or to the Clerk of the Court.
9. WHO ARE THE ATTORNEYS REPRESENTING THE PLAINTIFFS?
Plaintiffs are represented by the following attorneys:
Joshua Knecky
jkonecky@schneiderwallace.com
Nathan Piller
npiller@schneiderwallace.com
SCHNEIDER WALLACE
COTTRELL KONECKY
WOTKYNS LLP
2000 Powell Street, Suite 1400
Emeryville, California 94608
Telephone: (415) 421-7100
Facsimile: (415) 421-7105