TO:     ALL INDIVIDUALS WHO WERE, ARE, OR WILL BE EMPLOYED BY DEFENDANTS IN VIRGINIA AS PRODUCTION WORKERS, ASSEMBLER OPERATORS, MACHINE OPERATORS, CRANE OPERATORS, OR OTHER SIMILAR POSITIONS, WHO WERE NOT COMPENSATED FOR ALL OF THEIR HOURS WORKED, INCLUDING, BUT NOT LIMITED TO, ABOVE FORTY (40) PER WEEK, WITHIN THREE YEARS PRIOR TO THE COMMENCEMENT OF THIS ACTION, THROUGH THE DATE OF JUDGMENT OR FINAL DISPOSITION IN THIS ACTION.

RE:     WAGE AND HOUR LAWSUIT FILED AGAINST JENNMAR CORPORATION OF VIRGINIA, INC., JENNMAR CORPORATION OF EAST VIRGINIA, INC., and JENNMAR CONSTRUCTION TOOLS, LLC.

 

I. INTRODUCTION

 The purpose of this notice is to:

• Inform you that a lawsuit exists that you may join
• Advise you of how your rights may be affected by this lawsuit, and
• Instruct you on the procedure for participating in this lawsuit, should you choose to do so.

 

II. DESCRIPTION OF LAWSUIT

A lawsuit has been brought against Jennmar Corporation of Virginia, Inc., Jennmar Corporation of East Virginia, Inc., and Jennmar Construction Tools, LLC (collectively “Defendants”). Named Plaintiffs Charlie Stacy and Clifford Allen (“Named Plaintiffs”) allege that Defendants have violated the Fair Labor Standards Act (“FLSA”) by failing to pay production workers, assembler operators, machine operators, crane operators, and other similar positions, for all hours worked. Named Plaintiffs seek to recover minimum wage and overtime wages due, liquidated damages in an equal amount, reasonable attorneys’ fees and costs, and all other legal and equitable relief as the Court deems just and proper.

 

III. COMPOSITION OF CLASS

 Plaintiffs seek to sue on behalf of all individuals who were or have been employed by Defendants after April 12, 2018, and who were required to perform various manufacturing duties for Defendants’ customers, including monitoring and operating workstations along Defendants’ production lines, and who did not receive compensation for all hours worked, including pre-shift work or overtime compensation for all hours worked in excess of forty (40) per week.

 

IV. YOUR RIGHT TO PARTICIPATE IN THIS LAWSUIT 

According to Defendants’ personnel records, you were employed by Defendants in one or more of the positions included in this case during the relevant time period. Therefore, you may join in the FLSA claim raised in this lawsuit by completing and mailing, faxing, or emailing a signed copy of the enclosed Plaintiff Consent Form to Plaintiffs’ lawyers at the following address:

The Spiggle Law Firm, PLLC
ATTN:  Michael Knieling
4830A 31st St., S., Suite A
Arlington, Virginia 22206
Tel: (202) 449-8527
Fax: (202) 517-9179
mknieling@spigglelaw.com

Your Consent to Join form must be submitted or postmarked by no later than December 17, 2022. A first class self-addressed and stamped envelope is included for your convenience. You may also submit a Consent to Join form online by visiting www.jennmarclassaction.com. Plaintiffs’ lawyers will file with the Court all Plaintiff Consent Forms that have been filled out, signed, and postmarked or submitted on or before December 17, 2022.

If you file a Plaintiff Consent Form, your continued right to participate in the suit may depend upon a later decision by the Court that you are an appropriate participant in accordance with federal law.

 

V. EFFECT OF JOINING OR NOT JOINING THIS LAWSUIT

If you choose to join the lawsuit, you will be bound by any ruling, judgment or settlement, favorable or unfavorable. While the lawsuit is proceeding, you may be required to provide information or otherwise participate in the action.

If you choose to join this case by filing a Plaintiff Consent (“Opt-in”) Form, you will be agreeing to representation by Plaintiff’s Counsel. The specific terms and conditions of representation are set forth in Section VIII and in the Consent Form. If you do not join this action, you are free to take action on your own. 

If you choose not to join the lawsuit, you will not be bound by any ruling, judgment or settlement entered in the case, favorable or unfavorable.  You will not receive a share of any judgment or settlement obtained.  If you choose not to join this lawsuit, you will retain any rights you may have under the FLSA.

 

VI. STATUTE OF LIMITATIONS

Plaintiffs’ claims in this action are limited to a three-year statute of limitations. If you choose to join this action, you may be able to recover damages if you were improperly denied compensation only for time worked within the two or three years prior to the date you file your consent form. If you choose not to join this action, or choose to bring your own action, some or all of your potential claims may later be barred by the applicable statute of limitations.

 

VII. NO RETALIATION PERMITTED

The law prohibits retaliation against employees for exercising their rights under the FLSA. Therefore, Defendants are specifically prohibited from discharging you or retaliating against you in any other manner just because you choose to participate in this action.

 

VIII. YOUR LEGAL REPRESENTATION IF YOU JOIN

If you choose to join the lawsuit, your interests will be represented by counsel for Plaintiff. Plaintiff’s Counsel are:

Gregg C. Greenberg
ZIPIN, AMSTER & GREENBERG, LLC
8757 Georgia Avenue, Suite 400
Silver Spring, Maryland 20910
Telephone: (301) 587-9373
Facsimile: (240) 839-9142
https://zagfirm.com 

Francisco E. Mundaca
Robert W.T. Tucci
THE SPIGGLE LAW FIRM, PLLC
4830A 31st St., S., Suite A
Arlington, Virginia 22206
Telephone: (202) 449-8527
Facsimile: (202) 517-9179
https://www.spigglelaw.com 

Plaintiff’s attorneys are being paid on a contingency basis, which means that if there is no recovery, there will be no attorneys’ fees. If there is a recovery, the attorneys will receive a part of any settlement obtained or money judgment entered in favor of all members of the class, or fees the Court directs Defendants to pay separately. Any payment of attorneys’ fees will require approval of the Court.

Plaintiffs’ attorneys will advance necessary costs and out-of-pocket disbursements and expenses on your behalf in this litigation. In the event that necessary costs and out-of-pocket disbursements are not approved by the Court to be reimbursed from any settlement or judgment, or paid by Defendants, you will have no obligation to reimburse Plaintiffs’ attorneys for such costs.

 

IX. FURTHER INFORMATION

Further information about the lawsuit or this notice may be obtained by contacting Plaintiffs’ attorneys at the address or phone number provided above or by visiting www.jennmarclassaction.com.

THIS NOTICE AND ITS CONTENTS HAVE BEEN AUTHORIZED BY THE FEDERAL DISTRICT COURT, THE HONORABLE JAMES PARKER JONES, UNITED STATES DISTRICT JUDGE. THE COURT TAKES NO POSITION REGARDING THE MERITS OF THE PLAINTIFFS’ CLAIMS OR DEFENDANTS’ DEFENSES. DO NOT CONTACT THE CLERK OF COURT REGARDING THIS NOTICE.