On October 8, 2013, Plaintiff Jonathan Amador filed a complaint
against The Brickman Group, Ltd., LLC in the United States District
Court for the Middle District of Pennsylvania.
The lawsuit alleges that Brickman paid its landscaping/crew
Supervisors on the "fluctuating workweek," half-time overtime for
hours worked over 40 hours in a workweek, despite paying
non-discretionary bonuses and other types of pay to them, in
violation of the Fair Labor Standards Act ("FLSA") and Pennsylvania
state law. Plaintiff's claims seek back pay (all unpaid overtime
wages), plus liquidated double damages, reasonable attorneys' fees
and court costs.
The following documents are available for review:
The case is being prosecuted by Shanon J. Carson, Sarah R.
Schalman-Bergen, and Alexandra L. Koropey of Berger & Montague,
P.C., based in Philadelphia, Pennsylvania and C. Andrew Head and
Jerilyn E. Gardner of Head Law Firm, LLC, with offices in Atlanta,
Georgia and Chicago, Illinois.
For questions about the case against Brickman or to join
this lawsuit, please contact Alexandra Koropey
Piazza at (215) 875-3063. Further information is set
ARE YOU ELIGIBLE TO PARTICIPATE IN THIS
You may be eligible to join this lawsuit if you are a current or
former Supervisor of Brickman at any time between October 8, 2010
and the present, who was paid using the "fluctuating work-week"
half-time overtime rate.
All class members should be aware that under federal law there
is a limited time period in which plaintiffs are permitted to file
a claim. This is called the statute of limitations. All claims are
subject to this limitations period. While not definitively settled,
an FLSA claim will likely be measured from the date that a
plaintiff files an opt-in consent form. The statute of limitations
for an FLSA claim generally is a minimum of two years and a maximum
of three years from the date the opt-in consent form is filed with
the court. This means that the time period for your FLSA claim will
begin either two or three years prior to the date you opt in to an
active lawsuit. Thus, if you believe you have a claim against
Brickman under the FLSA, you should contact us as soon as
The Opt-In Consent Form should be returned to:
Berger & Montague, P.C.
1622 Locust Street
Philadelphia, PA 19103
Telephone: (215) 875-3063 (Direct Dial)
Facsimile: (215) 875-4604
DO YOU HAVE TO PAY ANY FEES TO THE ATTORNEYS?
Our law firm is handling this case on a contingent fee basis.
This means that we will only be paid if the lawsuit is successful
in obtaining relief either through a settlement or a final
judgment, and that payment will only come out of that settlement or
final judgment. Therefore, you do not have to pay anything to our
law firm in order to join the lawsuit.
HOW DO YOU PROVE YOUR CLAIM FOR UNPAID WAGES AND
Where the employer does not keep accurate time records, the law
permits employees to make a good faith estimate of their overtime
or hours worked. Where the employer keeps accurate time records,
those records may be used.