In the Action, Plaintiffs alleged claims on behalf of certain hourly, non-exempt employees who worked for Defendants in the United States as interpreters. More particularly, Plaintiffs alleged among other things that Defendants violated the Fair Labor Standards Act (“FLSA”), with respect to them individually and/or each such employee, by failing to pay all minimum wage and overtime owed and failing to adequately reimburse employees for business expenses. In the Action, Plaintiffs sought monetary relief on behalf of an FLSA Collective. Plaintiffs and Defendants believe that the Settlement is fair, adequate, and reasonable, and that it is in the best interest of the members of the FLSA Collective.
In a collective action, one or more people (in this case, Sharon Oliveira and Simon De Andrade Boyce) sue on behalf of people who are alleged to have similar claims. All such people have the ability to become a part of the “collective” and are receiving this court-approved Notice. In a collective action, eligible individuals within the collective cannot participate in the lawsuit or any settlement without timely providing their written consent to join. Individuals who elect to participate in the lawsuit and any settlement resulting therefrom become “Collective Members” or “Opt-ins” only if they provide their written consent to join as described herein. Individuals that choose not to participate in the lawsuit do so by declining to provide their written consent to join (i.e., taking no action). Individuals that decline to provide their written consent to join will not become FLSA Settlement Collective Members, will not receive any share of the Settlement, and will not release any claims that they may have against the Defendants.
No Court has made any determination whether Defendants or Plaintiffs are correct on the merits. However, both sides agreed to the Settlement to avoid the cost and risk of further litigation. The FLSA Settlement does not mean that any law was broken. Defendants deny all of the claims in the Action. The Settlement Representatives and their lawyers believe the FLSA Settlement is fair, adequate and reasonable and in the best interests of all FLSA Collective Members.
To receive your share of the FLSA Settlement, you must complete and return the “Opt-in Form” by mail in the pre-postage return envelope provided with the Notice no later than November 12, 2024. You may also complete the Opt-in Form electronically by clicking the “Submit Form” button below.
Follow the prompts to complete the electronic form until you have received confirmation that your form has been submitted electronically. Mailed Opt-In Forms must be postmarked, and electronic Opt-In Forms must be submitted, no later than November 12, 2024.
This Notice summarizes the proposed settlement. For the precise terms of the settlement, please see the Settlement Agreement;, by contacting Class Counsel (contact information below), by accessing the Court docket in this case, for a fee, through the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.casd.uscourts.gov, or by visiting the office of the Clerk of the Court for the United States District Court for the Northern District of California, at 280 South 1st Street, Second Floor, San Jose, CA 95113, between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays.
KABATECK LLPBrian S. KabateckShant A. KarnikianJerusalem F. BeliganSheri R. Lalehzarian
633 W. Fifth Street, Suite 3200 jfb@kbklawyers.com |
SIMON LAW CO.James L. Simon
11 ½ N. Franklin Street james@simonsayspay.com |
FRADIN LAWMichael L. Fradin
8401 Crawford Ave., Ste. 104 mike@fradinlaw.com |