May 23, 2019
NOTICE OF YOUR RIGHT TO “OPT-IN” TO A LAWSUIT BROUGHT BY DRIVERS AGAINST OWL, INC.
Dear current or former Owl Driver:
We are writing to inform you of your right to join a lawsuit that has been filed by Owl drivers seeking overtime pay. According to Owl, Inc.’s records, you worked as a driver transporting Veterans Administration patients and were not paid overtime. You are therefore eligible to participate in this case. In order to join this case and to receive any part of a settlement or judgment that may be entered in plaintiffs’ favor, you must complete and return the enclosed consent form to our office no later than July 7th, 2019.
The plaintiffs allege that Owl failed to pay overtime despite requiring its drivers to work more than 40 hours a week in violation of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201 et seq. The lawsuit seeks to recover overtime wages for the following two groups:
A. Road Supervisors
All individuals who were employed by Owl as drivers who Owl labeled as “road supervisors” and paid on a salary basis since June 15, 2014.
B. Hourly Drivers
All individuals who were employed by Owl as drivers and who Owl paid on an hourly basis since June 15, 2014.
Plaintiffs are seeking overtime pay for both “road supervisors” who were paid a salary and drivers paid on an hourly basis. If you have driven for Owl and were paid either a salary or an hourly wage (or both at different times you worked for Owl) you are eligible to join this case.
This case is at an early stage, and there has not been a decision by the court as to whether plaintiffs are correct in their claim that they are owed overtime pay. There has also not been any settlement reached.
If you do not return the enclosed consent form by July 7th, 2019, you will not be considered part of this case and will be unable to receive a share of any settlement or judgment that the plaintiffs may obtain. If you do opt in to the case, you will be bound by any ruling or settlement in this case. The Owl drivers who initiated this action will work with us to make decisions regarding the progress of this litigation, and we welcome your input into those decisions as well.
Again, to opt in to the case, you must return the enclosed Opt-In Consent Form to our office no later than July 7th, 2019. If you have any questions, please do not hesitate to contact Settlement Administrator Ustina Ibrahim (617-994-5800; claims@llrlaw.com) at the offices of Lichten & Liss-Riordan, P.C. in Boston, Mass. or paralegal Mabel Silva (352-672-6901; silvamabel@eganlev.com) at the offices of Egan, Lev, Lindstrom & Siwica, P.A. in Orlando, Fla.
Sincerely,
Shannon Liss-Riordan
Joseph Egan