Coluccio v. U.S. Remodelers, Inc. Lawsuit
On February 24, 2009, Berger Montague filed a collective action and class action complaint in the United States District Court for the District of New Jersey pursuant to the Fair Labor Standards Act (“FLSA”) and the New Jersey Wage and Hour Law (“NJWHL”), on behalf of Plaintiff Michael Coluccio against Defendant U.S. Remodelers, Inc.
The lawsuit seeks to recover unpaid overtime compensation, liquidated damages, unlawfully withheld wages, statutory penalties, and damages owed to U.S. Remodelers, Inc.’s employees who worked in all states except California during the past three years installing kitchen cabinets and other materials purchased at Home Depots across the country. The lawsuit alleges that when Mr. Coluccio and similarly situated installer employees worked more than forty (40) hours per week, they were not properly compensated for their overtime hours pursuant to the FLSA and the NJWHL. The status of the case is as follows:
February 24, 2009: Plaintiff filed his Collective and Class Action Complaint.
For questions about this case against U.S. Remodelers, Inc., or if you are an employee of U.S. Remodelers, Inc. and would like to opt-in or join the case, please contact Shanon J. Carson at (215) 875 4656 or by email at firstname.lastname@example.org. Further information is set forth below.
ARE YOU ELIGIBLE TO PARTICIPATE IN THIS LAWSUIT?
To be eligible for this lawsuit, you must have worked as an installer employee of U.S. Remodelers, Inc. at any time since February 24, 2006, and you must have worked more than 40 hours per week at least once. Please note, however, that you do not need any records of your overtime hours worked. These records can be sought from U.S. Remodelers, Inc. To participate in the FLSA claims alleged in this lawsuit, you must complete an Opt-In Consent Form and return it to us immediately for filing with the Court. If you do not return an Opt-In Consent Form, you cannot participate in the FLSA claims alleged in this lawsuit. The Opt-In Consent Form should be returned to:
Shanon J. Carson
1622 Locust Street
Philadelphia, PA 19103
Telephone: (215) 875-4656 (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.
WHAT IS THE STATUTE OF LIMITATIONS?
There is a statute of limitations that applies in this case that only allows you to recover pay for overtime hours worked within two years of joining the lawsuit. If it is proved that U.S. Remodelers, Inc. willfully violated the Fair Labor Standards Act, the statute of limitations with respect to that claim may be extended to three years. This decision will be made by the Court or a jury. Therefore, it is very important that you return your Opt-In Consent Form to us immediately to avoid losing overtime pay because of the statute of limitations.
HOW DO YOU PROVE THAT YOU WORKED OVERTIME?
Where the employer does not keep accurate time records, the law permits employees to make a good faith estimate of their overtime hours. Where the employer keeps accurate time records, those records may be used.