If you were an Operator at Sabre between November 10, 2012 and the present, you may be able to join a lawsuit for unpaid overtime wages.
- Kirk Nelson and John Evans (the “Plaintiffs”) bring claims that Sabre Companies LLC and Sabre Energy Services LLC (“Sabre” or the “Defendants”) failed to pay them and other operators overtime for hours worked over 40 in a workweek as required by the Fair Labor Standards Act (“FLSA”).
- The lawsuit is proceeding as a collective action on behalf of all operators who worked at Sabre at any time from November 10, 2012 and the present.
- Sabre denies Plaintiffs’ claims.
- The Court has not yet decided who is right and who is wrong. Your legal rights may be affected, and you have a choice to make now.
| Your Legal Rights and Options in this Lawsuit | |
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ASK TO BE INCLUDED
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If you choose to be included, you will share in any monetary recovery that might come from a trial or a settlement in this lawsuit. You give up any rights to sue Sabre on your own for the same claims in this lawsuit.
If you want to be included, you must complete and return the “Consent to Join” form included with this Notice by no later than Dec. 29, 2016. By doing so, you will “opt in” and become a member of the Collective. As a member of the collective, you may be entitled to the benefits obtained from the suit, though this may require that you provide documents and answer questions about your claim. |
| DO NOTHING | By doing nothing, you will not be included in the FLSA claims in this lawsuit. This means that you give up the possibility of a monetary recovery that may come from a trial or settlement of the FLSA claims if those bringing the lawsuit are successful.
You keep any rights to sue Sabre separately about the same legal claims in this lawsuit. You should be aware that your time to bring FLSA claims is limited by a two- or three-year statute of limitations. |
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Yes, if you were an operator between Nov. 10, 2012 and the present.
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The lawsuit alleges that Sabre improperly classified Operators as exempt from the overtime protections of the FLSA, and failed to pay them overtime for hours worked over 40 in a workweek. Sabre denies the Plaintiffs’ claims, and contends that the operators are not and were not eligible for overtime. This lawsuit is known as Nelson v. Sabre Companies LLC, et al., Case No. 1:15-CV-0314-BKS-TWD, and is pending before the Honorable Therese Wiley Dancks and Honorable Brenda K. Sannes, in the United States District Court for the Northern District of New York.
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In a Collective Action, one or more individuals can bring a lawsuit on behalf of others who are “similarly situated” to them. If you complete a Consent to Join for and join the case, you will become part of the “Collective.” Presently, there are 13 operators in the Collective. One Court will resolve the issues for the Collective.
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The Court has made a preliminary determination that the Plaintiffs may be similarly situated to other operators and authorized this case to proceed as a Collective Action under Section 216(b) of the FLSA. The Court may decide at a later point that the Plaintiffs are not similarly situated to other operators and the case will no longer proceed as a Collective Action.
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The Court has not decided whether Sabre violated the law by classifying the Plaintiffs and other Operators as exempt from the overtime protections of the FLSA and failing to pay them for overtime. By allowing this case to proceed as a Collective Action, and issuing this Notice, the Court is not suggesting that the Plaintiffs will win or lose the case or that the members of the Collective will recover any damages.
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The Plaintiffs seek to recover unpaid overtime and an equal amount as liquidated damages, plus attorneys’ fees and costs, for themselves and the members of the Collective.
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Yes, if you return the Consent to Join for by no later than Dec. 29, 2016.
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If you choose to join this lawsuit, it is extremely important that you read, sign, and promptly return the Consent to Join form. An addressed and postage-paid envelope is enclosed for your convenience. Should the enclosed envelope be lost or misplaced, the Consent to Join Form must be sent to
Nelson v. Sabre Collective Action
c/o RG/2 Claims Administration LLC
P.O. Box 59479
Philadelphia, PA 19102-9479
Facsimile: (215) 979-1695
Email: info@rg2claims.com
Alternatively, you may submit your form online here. The signed Consent to Join form must be postmarked, emailed, faxed, or electronically signed by Dec. 29, 2016.
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If you do nothing, you will not be entitled to share in any amounts recovered by the Plaintiffs for the FLSA claims in this case and will not be affected by any decision regarding those claims, whether favorable or unfavorable. You will also be free to hire your own lawyer and file your own FLSA lawsuit. You should be aware that your time to bring FLSA claims is limited by a two- to three-year statute of limitations.
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If you choose to join the Collective, you will be bound by and share in any ruling, settlement or judgment, whether favorable or unfavorable. By joining this lawsuit, you agree to have the Plaintiffs and their counsel act as your representatives and make decisions on your behalf concerning the case. Decisions made and agreements entered into by the Plaintiffs will be binding on you if you join the lawsuit, including approving any settlement, entering into an agreement with counsel regarding payment of attorneys’ fees and costs, and deciding all other matters pertaining to this lawsuit.
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No. It is a violation of federal law for any employer or Sabre to fire, discipline, or retaliate against you in any manner for taking part in this case.
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If you choose to join this lawsuit, you will be represented by the attorneys who represent the Plaintiffs, listed below. You may write, email, or call these lawyers with any questions.
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Elmer R. Keach III, Esq. Maria K. Dyson, Esq. LAW OFFICES OF ELMER ROBERT KEACH, III, P.C. Fax: 518.770.1558
Gary E. Mason, Esq. WHITFIELD BRYSON & MASON LLP 5101 Wisconsin Ave. N.W., Suite 305 Washington, D.C. 20016 Tel: 202.429.2290 Fax: 202.429.2294
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Nicholas A. Migliaccio, Esq.
Jason S. Rathod, Esq. MIGLIACCIO & RATHOD LLP 412 H Street, N.E., Suite 302 Washington, D.C. 20003 Tel: 202.470.3520 Fax: 202.800.2730 D. Aaron Rihn, Esq. ROBERT PEIRCE & ASSOCIATES, P.C. 2500 Gulf Tower, 707 Grant Street Pittsburgh, PA 15219-1918 Tel: 412.281.7229 Fax: 412.281.4229
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The Plaintiffs have entered into contingency fee agreements with their attorneys, which means that if the Plaintiffs do not win, there will be no attorneys’ fees or costs chargeable. Under the fee agreement, in the event there is a recovery, Plaintiffs’ counsel will apply to the Court for a portion of any settlement obtained or money judgment entered in favor of Plaintiffs. Fees may be part of a settlement obtained or money judgment entered in favor of Plaintiffs, or may be ordered by the Court to be separately paid by Sabre, or may be a combination of the two.
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Sabre is represented by the attorneys listed below:
| Shauna Johnson Clark
Kimberly Cheeseman Norton Rose Fulbright US LLP Fulbright Tower
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John Scalia
Andrew C. Smith Matthew D. Stockwell Pillsbury Winthrop Shaw Pittman 1200 17th Street, N.W. Washington D.C. 20036 1540 Broadway New York, NY 10036
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