Cases & Investigations

Amador v. The Brickman Group, Ltd., LLC Lawsuit

CASE NUMBER: 3:13-cv-02529-MEM
CASE STATUS: Pending
COURT: United States District Court for the Middle District of Pennsylvania

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, 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 forth below.

ARE YOU ELIGIBLE TO PARTICIPATE IN THIS LAWSUIT?

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 possible.

The Opt-In Consent Form should be returned to:

Alexandra Koropey
Berger Montague
1622 Locust Street
Philadelphia, PA 19103
Telephone: (215) 875-3063 (Direct Dial)
Facsimile: (215) 875-4604
email: akoropey@bm.net

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 OVERTIME?

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.

 

Lead Attorneys

Shanon J. Carson

Managing Shareholder
Sarah Schalman-Bergen Headshot

Sarah R. Schalman-Bergen

Shareholder

Associates

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