DEADLINE TO JOIN THE LAWSUIT IS JUNE 21, 2019.

IMPORTANT NOTICE TO CURRENT AND FORMER EMPLOYEES OF
SPECIALTY RESCUE & FIRE, LLC

Case 3:18-cv-02584-G

This is a Court-Authorized Notice, Not an Advertisement from a Lawyer.

IMPORTANT DATES

WHY ARE YOU GETTING THIS NOTICE?

WHAT ARE YOUR OPTIONS?

NEED MORE INFORMATION?

IF YOU WORKED FOR SPECIALTY RESCUE & FIRE, LLC AT ANY TIME ON OR AFTER SEPTEMBER 27, 2015, YOU MAY BE ENTITLED TO JOIN A LAWSUIT SEEKING UNPAID WAGES AND MONEY DAMAGES.

This Notice is provided in connection with a lawsuit pending in the United States District Court for the Northern District of Texas, Dallas Division (“the Court”). The Court has taken no position regarding the merits of the underlying claims under federal or state law. The Purpose of this Notice is to inform you of a collective action in which you may be “similarly situated” to the named Plaintiff and Class Members, to advise you of your rights and how they may be affected by this lawsuit, and to instruct you on how you may
join this lawsuit.

Federal law prohibits Specialty Rescue & Fire, LLC or anyone from discriminating or retaliating against you for choosing to join this lawsuit. This means that you cannot be fired, demoted, or have your pay cut because you “opt-in” or have in any other way exercised your rights to join in this lawsuit.

YOUR OPTIONS AND IMPORTANT DEADLINES

IF YOU WORKED FOR SPECIALTY RESCUE & FIRE, LLC AT ANY TIME ON OR AFTER SEPTEMBER 27, 2015

You may be entitled to join a lawsuit seeking unpaid wages and money damages.

June 21, 2019

Deadline to return the opt-in consent form.

DO NOTHING

By doing nothing, you are choosing not to participate in this lawsuit and you will not be part of this case or be represented by Plaintiff’s counsel.

YOUR RIGHT

Your employer may not retaliate against you for joining the lawsuit.

Why Are You Getting this Notice?

Lyndon Porter (“Porter”) filed a lawsuit against Specialty Rescue & Fire, LLC contending that he and the other hourly paid employees failed to receive overtime compensation for all hours worked, including travel time to and from Defendant’s client worksites. Porter alleges that he worked overtime hours, including travel time, for which he did not receive overtime pay Specialty Rescue & Fire, LLC’s records indicate that you may fall within the class definition set forth in this Notice as all current and former hourly silo laborers or confined space service rail hourly employees who work or worked for Specialty Rescue & Fire, LLC (“Defendant” or “Specialty Rescue”) and were not paid for travel time to and from Defendant’s client worksites within the three (3) years preceding the filing of this lawsuit through the final disposition of this matter.

You may be eligible to join this lawsuit if:

  • You worked for Specialty Rescue & Fire, LLC at any time between September 27, 2015 and today; and
  • You failed to receive compensation for all hours worked, including travel time to and from client worksites while working for Specialty Rescue & Fire, LLC.

What Are Your Options?

JOIN LAWSUIT

If you choose to be included in this lawsuit, you may return your completed and signed consent form to Plaintiff’s counsel in any of the following ways:

1) Email, fax, or mail (using, if you wish, the enclosed self- addressed, stamped
envelope) the enclosed Consent Form to the attorneys listed below by June 21, 2019:

Herrmann Law, PLLC
801 Cherry, St., Suite 2365
Fort Worth, Texas 76102
Fax: (817) 887-1878
drew@herrmannlaw.com

2)  Submit your consent form electronically at www.SpecialtyRescueLawsuit.com

Effects of Joining the lawsuit: By timely submitting a Consent Form you will be part of this case and agree to be represented by Plaintiff’s counsel.

  • You consent to have Plaintiff Lyndon Porter represent you and the other eligible employees and former employees of Specialty Rescue & Fire, LLC as Lead Plaintiff.
  • You may have to answer questions about your claim, respond to written discovery requests, provide documents, and/or provide testimony in a deposition in Dallas, Texas.
  • If Plaintiff wins or a settlement is reached, you may be entitled to a sum as part of the judgment or settlement. Hermann Law, PLLC is working on a contingency fee basis, which means that if there is no recovery, they receive no attorneys’ fees. If there is a recovery, the attorneys for the class will receive a part of any settlement obtained or money judgment entered in favor of all members of the class. If you join the lawsuit and Porter loses, you will receive nothing and may be barred by the statute of limitations from bringing a future claim for unpaid overtime wages.

DO NOTHING

Not joining the lawsuit: If you do not wish to join the lawsuit, you are free to do
nothing. By doing nothing, you are choosing not to participate in this lawsuit and you will not be part of this case or be represented by Plaintiff’s counsel. However, the legal time or deadline to file a claim is running.

Effects of Not Joining the lawsuit:

  • You will not be entitled to money received as part of a judgment or settlement, if any money is awarded.
  •  You will not be bound by the judgment in this lawsuit or by the terms of a settlement for these claims (whether favorable or unfavorable).

Signing any statement denying that you are owed additional compensation or signing a severance agreement purporting to release any claim(s) that you may have for unpaid wages under the Fair Labor Standards Act, 29 U.S.C. §201, et seq does not affect your legal right to join this lawsuit.

How Can I Get More Information?

You can get more information by calling the Plaintiff’s attorney listed below with any questions you may have

DREW N. HERRMANN
HERRMANN LAW, PLLC
801 CHERRY ST., SUITE 2365
FORT WORTH, TEXAS 76102
PHONE: (817) 479-9229
EMAIL: drew@herrmannlaw.com