Morrison v Fleetcor Technologies Operating Company LLC et al
United States District Court Northern District of Georgia Atlanta Division
21-03950-TWT
(888) 836-1334
NOTICE OF RIGHT TO JOIN LAWSUIT
TO:
All persons employed by FLEETCOR Technologies Operating Company, LLC (“FLEETCOR”) in Wichita, KS, Peachtree Corners, GA (including the Metric and Norcross locations), Lexington, KY and/or Nashville, TN, and/or persons working remotely from home in Kansas, Georgia, Kentucky, and/or Tennessee (and not assigned to a particular location) as hourly-paid, non-exempt call center agents, including all persons who held the title of customer service representative, customer retention representative, account specialist, and/or inside sales representative (inbound and/or outbound), and/or whose primary job duties consisted of handling in-bound and/or out-bound calls to/from FLEETCOR’s customers and providing them with information and assistance, and who reported their time by clocking into and/or out of FLEETCOR’s Day Force Timekeeping system, at any time within the period of April 19, 2019 through April 19, 2022.
FROM:
Attorneys for Mandy Morrison
RE:
July 26, 2022 deadline to join pending lawsuit against FLEETCOR Technologies Operating Company, LLC (“FLEETCOR”) to recover allegedly unpaid overtime wages and liquidated damages.
NOTE:
This is a Court-Authorized Notice, but the Court has taken no position on the claims in this lawsuit. PLEASE DO NOT CONTACT THE COURT OR THE CLERK’S OFFICE WITH ANY QUESTIONS.
I. INTRODUCTION
You are receiving this Notice via U.S. Mail and maybe e-mail based on contact information obtained from FLEETCOR pursuant to court order. This Notice is to inform you about a lawsuit under the federal Fair Labor Standards Act (“FLSA”), to advise you of how your rights may be affected by this lawsuit, and to instruct you on the procedure for opting into this case before the July 26, 2022 deadline, if you so choose. For more information, please review the following pages of this Notice as well as the Consent to Join Form.
II. DESCRIPTION OF THE LAWSUIT
The lawsuit, Civil Action No. 21-03950-TWT, which is pending in the United States District Court for the Northern District of Georgia, Atlanta Division, was filed on September 24, 2021, and asserts that FLEETCOR deprived hourly-paid call center agents of proper overtime pay in violation of the FLSA by allegedly:
(1) Failing to pay them for pre-shift time spent starting up their computers, logging into required systems and applications, and reviewing work-related e-mails and other information;
(2) Failing to pay them for time spent attempting to log back into required systems and applications after being disconnected due to technical issues;
(3) Failing to pay them for time spent attempting to log back into required systems and applications after being disconnected due to technical issues;
(4) Failing to incorporate their non-base compensation into their regular rates of pay, for purpose of calculating their hourly overtime rates.
Plaintiff alleges that she and other call center agents are entitled to recover unpaid overtime pay, liquidated damages (equal to the unpaid overtime pay) and interest, attorneys’ fees, and costs associated with bringing this lawsuit.
FLEETCOR denies all liability in this action and has asserted various defenses. FLEETCOR contends that the call center agents are and have always been paid for all time worked in accordance with the Fair Labor Standards Act and specifically denies that the call center agents are owed any overtime wages. FLEETCOR further contends that Plaintiff’s claims are based on time that is not compensable under the FLSA and, in the alternative, Plaintiff’s claims are based on time that is non-compensable under the de minimis doctrine.
III. ELIGIBILITY TO PARTICIPATE IN THIS LAWSUIT
Plaintiff brings this collective action on behalf of:
All persons employed by FLEETCOR Technologies Operating Company, LLC in Wichita, KS, Peachtree Corners, GA (including the Metric and Norcross locations), Lexington, KY and/or Nashville, TN, and/or persons working remotely from home in Kansas, Georgia, Kentucky, and/or Tennessee (and not assigned to a particular location) as hourly-paid, non-exempt call center agents, including all persons who held the title of customer service representative, customer retention representative, account specialist, and/or inside sales representative (inbound and/or outbound), and/or whose primary job duties consisted of handling in-bound and/or out-bound calls to/from FLEETCOR’s customers and providing them with information and assistance, and who reported their time by clocking into and/or out of FLEETCOR’s Day Force Timekeeping system, at any time within the period of April 19, 2019 through April 19, 2022.
If you meet this description and you believe that FLEETCOR failed to pay you for hours worked in excess of 40 in a workweek, or failed to incorporate your non-base compensation into your regular rate of pay for purposes of calculating your hourly overtime rate, you have the right to join this action against FLEETCOR to potentially recover unpaid wages and liquidated damages.
IV. YOUR OPTIONS REGARDING THIS LAWSUIT
You may elect to join this lawsuit, bring your own separate lawsuit, or not do anything. If you choose to join this lawsuit, you must complete the Consent to Join Form accompanying this notice and submit it by July 26, 2022 via regular mail, e-mail, or fax to:
Morrison v Fleetcor Technologies Operating Company Llc et al
PO Box 26170
Santa Ana, CA 92799-9834
Fax: (714) 824-8591
www.FleetcorOvertimeAction.com
FleetcorOvertimeAction@Simpluris.com
You may also submit the Consent to Join Form via electronic signature.
You may elect to participate in the lawsuit using Brown, LLC as your counsel. Their contact information is:
BROWN, LLC
Edmund C. Celiesius
Nicholas Conlon
Fax: (714) 824-8591
Email: flsagroup@jtblawgroup.com
Plaintiff’s attorneys will not charge you directly for their work in this case. If there is no recovery (i.e., if the Plaintiff recovers no money from FLEETCOR), you will not have to pay the attorneys for any of their work. If there is a recovery, Plaintiff’s attorneys fees may be subtracted from the recovery obtained from FLEETCOR, or they may be paid separately by FLEETCOR, or a combination of the two.
You may also join using your own counsel. If you join this lawsuit by counsel of your own choosing, your attorney must submit a Consent to Join form by July 26, 2022. Plaintiff’s attorneys will promptly file with the Court any Consent to Join forms that they receive.
V. EFFECT OF JOINING THIS LAWSUIT
If you choose to join this lawsuit, you will be bound by any outcome, whether favorable or unfavorable. If the Plaintiff and anyone else who joins this lawsuit prevail at trial, or a settlement is reached, you may be entitled to share in any money recovered. On the other hand, if FLEETCOR prevails, you may not recover any money and would not be able to pursue your overtime claim in a new lawsuit. You may also be required to share in any costs incurred by FLEETCOR in the event FLEETCOR prevails. You may be required to respond under oath to written questions, have your deposition taken, produce documents, and/or testify in court at a trial or hearing in the United States Federal Courthouse in Atlanta, Georgia.
VI. EFFECT OF NOT JOINING THIS LAWSUIT
If you choose not to join this lawsuit, you do not need to do anything. If you do not join this lawsuit, you will not be a part of the case in any way, and will not be bound by any resolution, whether favorable or unfavorable. You should be aware that a claim under the FLSA must be brought by filing a Consent to Join form (in this lawsuit or a separate lawsuit) within two years of the date the claim accrues, unless you can prove that your employer’s violation was “willful,” in which case the Consent to Join Form must be filed within three years.
VII. WHAT HAPPENS NEXT?
The lawsuit will proceed toward trial, which could take many months or years. If your contact information changes, and you want Plaintiff’s counsel to be able to contact you (e.g., to update you about the case, to send you money from any settlement or judgment, etc.), you may provide your contact information to Plaintiff’s counsel by e-mailing flsagroup@jtblawgroup.com.
VIII. PRESERVATION OF RELEVANT EVIDENCE
If you join the case, you will need to preserve evidence relevant to proving or disproving your overtime pay claim. Therefore, if you join this case, you should hold onto data and documents in your possession related to your work at FLEETCOR.
IX. NO RETALIATION PERMITTED
Federal law prohibits current and former employers from retaliating against you in any way for exercising your rights under the FLSA (for example, by joining this lawsuit or by providing evidence in support of the Plaintiff).
THE DISTRIBUTION OF THIS NOTICE HAS BEEN AUTHORIZED BY THE FEDERAL DISTRICT COURT BUT THE COURT HAS NOT YET REACHED ANY DECISION WHETHER OR NOT THE CLAIMS IN THE LAWSUIT ARE MERITORIOUS.
PLEASE DO NOT CONTACT THE COURT.
Important Dates
| Consent Deadline | 07/26/2022 |