IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
RODNEY TIGER, et al. v. PRECISION DRILLING CORP., et al.
Case No. 4:11-cv-01913
IMPORANT NOTIFICATION TO POTENTIAL CLASS MEMBERS
Please read carefully. Your legal rights may be affected.
TO: Any and all individuals who worked as hourly rig employees for Precision Drilling, LP. (“Precision Drilling”) at any point since February 14, 2010.
RE: Lawsuit Seeking Unpaid Overtime.
This Notice is being sent to you by Order and under supervision of the United States District Court for the Middle District of Pennsylvania. Its purpose is to: (1) inform you of the existence of a collective class action lawsuit filed against Precision Drilling; (2) to advise you of how your rights may be affected by this lawsuit; and (3) to instruct you on the procedure for participating in this lawsuit, if you choose to do so. You have been sent this notice because employment records indicate that you may be an eligible class member.
DESCRIPTION OF LAWSUIT
Two hourly rig employees, Rodney Tyger and Shawn Wadsworth (“Representative Plaintiffs”), brought this lawsuit against Precision Drilling on behalf of themselves and all other hourly rig employees of Precision Drilling. They contend that Precision Drilling violated the Fair Labor Standards Act because it failed to pay for alleged compensable overtime hours spent changing into and out of personal protective equipment. The Representative Plaintiffs further contend that they are entitled to overtime compensation for unpaid time spent after they changed into and before they changed out of Personal Protective Equipment (i.e. time spent walking to and from the changing location and certain time spent in safety meetings). Precision Drilling denies that it has violated the Fair Labor Standards Act in any respect and contends that it has properly compensated its employees. The Court has taken no position on the merits of the Representative Plaintiffs’ claims or Precision Drilling’s defenses.
The Representative Plaintiffs have sued Precision Drilling to recover overtime wages due to them and all hourly rig employees of Precision Drilling. They are also seeking liquidated damages, attorney’s fees, and costs. If you elect to join and the Representative Plaintiffs are successful, you may receive compensation. If you elect to join, you will not be responsible for any attorneys’ fees or expenses incurred by the Representative Plaintiffs, regardless of whether they succeed, except that the Representative Plaintiffs’ attorneys may request the Court to provide them compensation out of any recovery.
While the case is proceeding, you may be required to provide information, answer written questions, appear for a deposition or otherwise participate in the case. In the event you are required to participate in any of these activities, Swartz Swidler, LLC will represent you in all such proceedings without charge.
HOW TO JOIN THIS LAWSUIT
You may join this lawsuit by completing the online Consent Form available here. If you wish to join this lawsuit, you must submit the Consent Form by no later than May 15, 2013.
NO RETALIATION PERMITTED
If you are a current employee of Precision Drilling, you will not be retaliated against for joining this lawsuit. Under federal law, it is illegal for Precision Drilling to discharge or retaliate against you for joining this lawsuit. Precision Drilling has confirmed that it will not retaliate against any class member for joining this lawsuit.
EFFECT OF NOT JOINING THIS LAWSUIT
If you do not file a Consent Form to join in this lawsuit, you will not participate in this lawsuit and will not be affected by, nor will you receive any compensation from, any judgment in the Representative Plaintiffs’ favor, or a settlement. If you so choose, you may pursue your claim on your own. The pendency of this lawsuit, however, will not stop the running of the statute of limitations as to such Fair Labor Standard Act overtime claims unless you opt-in by returning the Consent Form. In other words, you may lose some or all of your rights if you do not act now.
NO OPINIONS EXPRESSED AS TO THE MERITS OF THE CASE
This Notice is for the sole purpose of determining the identity of those persons who may be entitled to and wish to participate in this lawsuit and any potential judgment or settlement. The Court has expressed no opinion regarding the merits of the Representative Plaintiffs’ claims or Precision Drilling’s defenses, and individual claims may be subject to later dismissal if the Court ultimately finds that the claims lack merit or that they cannot be litigated on a class-wide basis.
QUESTIONS REGARDING THIS NOTICE
If you have any questions regarding this notice, you can contact Justin L. Swidler, Esq. or Richard Swartz, Esq. of Swartz Swidler, LLC, the attorneys representing the class of employees. Their phone number is (856) 685-7420 or toll free at (877) 529-9501. You can also receive more information regarding this notice and the lawsuit at http://www.precisiondrillinglawsuit.com.
The attorneys representing the Plaintiffs are as follows:
|Justin L. Swidler, Esq.Richard S. Swartz, Esq.
Swartz Swidler, LLC
1878 Marlton Pike East, Ste. 10
Cherry Hill, NJ 08003
|Website: http://www.swartz-legal.comPhone: (856) 685-7420
Fax: (856) 685-7417
Toll Free: (877) 529-9501