Ivery v. RMH Illinois, LLC, and RMH Franchise Holdings, Inc.
RMH Assistant Manager Overtime Case Notice Administrator
2017-cv-01619

Frequently Asked Questions

 

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  • You received a notice because RMH’s records show that you worked as an AM between December 8, 2014 and the present.

  • The lawsuit alleges that RMH misclassified AMs as “exempt” employees ineligible for overtime compensation under the FLSA, and failed to pay AMs overtime for hours worked over 40 in a workweek. 

    Defendants deny that they violated any laws or did anything wrong.  The Court has not made any determination as to the merits of these allegations.

    This lawsuit was filed on March 1, 2017, is known as Ivery v. RMH Illinois, LLC and RMH Franchise Holdings, Inc., Case No. 17 Civ. 1619, and is pending before the Honorable John J. Tharp Jr. in the United States District Court for the Northern District of Illinois.

  • Plaintiffs seek to recover unpaid overtime wages and an additional and equal amount as “liquidated damages,” which doubles the amount of wages owed.  The lawsuit also seeks to recover attorneys’ fees and litigation costs.

  • In a collective action lawsuit, one or more persons who have similar claims can bring a lawsuit that allows others who have similar claims to join and be included.  If individuals complete a Consent to Join form and join the case by March 12, 2018, they will become part of the “Collective.”  In a collective action, one court resolves the issues for everyone who decides to join the case.

  • The Court has made a preliminary determination that the Plaintiffs are similarly situated to other RMH AMs and authorized this case to proceed conditionally as a Collective Action under Section 216(b) of the FLSA.

  • If you choose to join the Collective, you will be bound by and share in any ruling, settlement or judgment in this lawsuit, whether favorable or unfavorable.  You will also be eligible to share in any proceeds from a settlement or favorable judgment.  While the lawsuit is pending, you may be asked to provide discovery and relevant information regarding the work you performed at RMH.

    By joining this lawsuit, you designate the named Plaintiff as your representative, and to the fullest extent possible, you designate the named Plaintiff and her counsel to make decisions on your behalf concerning the case, the method and manner of conducting the case, and all other matters pertaining to this lawsuit.  Decisions made and agreements entered into by Plaintiffs relating to this lawsuit will bind you if you join the lawsuit.

  • No.  It is a violation of federal law for RMH or any employer to fire, discipline, or retaliate against you in any manner for taking part in this case.

  • 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 but you will not be affected by any decision regarding those claims, whether favorable or unfavorable.  You will 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 or three-year statute of limitations.

  • Included with the mailed Collective Action Notice is a form called “Consent to Join.”  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 included in the mailed Notice.  Should the postage-paid envelope be lost or misplaced, the Consent to Join form must be sent to:

    RMH Assistant Manager Overtime Case
    Notice Administrator
    c/o JND Legal Administration
    P.O. Box 91307
    Seattle, WA 98111

    Fax: 866-306-0518

    Email: info@RMHOvertimecase.com

    Toll-Free Phone: 1-844-859-6428

     

    The signed Consent to Join form must be postmarked, emailed, faxed, or submitted online by March 12, 2018.

  • If you choose to join this lawsuit, they will be represented by Plaintiffs’ Counsel:

    Justin M. Swartz or Melissa L. Stewart
    Outten & Golden LLP
    685 Third Avenue, 25th Floor
    New York, NY 10017
    (212) 245-1000

    Gregg I. Shavitz or Alan Quiles
    Shavitz Law Group, P.A.
    1515 S. Federal Hwy, Suite 404
    Boca Raton, FL 33432
    (561) 447-8888

    More information about Outten & Golden LLP and Shavitz Law Group, P.A. is available at www.outtengolden.com and www.shavitzlaw.com.

  • You do not need to hire your own lawyer because Plaintiffs’ Counsel will be working on your behalf.  However, if you do not want to be represented by Outten & Golden LLP and Shavitz Law Group, P.A. in connection with this lawsuit, you may choose to retain your own counsel (at your own expense).

  • The attorneys’ fee arrangement for this case provides that Plaintiffs’ counsel are handling this matter on a contingency basis, i.e., that the attorneys’ fees and costs will be determined on a percentage basis based on the recovery on behalf of Plaintiffs.  If there is no recovery or judgment in Plaintiffs’ favor, Plaintiffs’ counsel will not seek any attorneys’ fees from any of the Plaintiffs or members of the Collective.

    Under the fee arrangement, 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 and the Collective in the amount of the greater of: (1) the “lodestar” amount, calculated by multiplying reasonable hourly rates by the amount of time expended on the lawsuit, or (2) one-third of the gross settlement or judgment amount.  In addition, Plaintiffs’ counsel will also apply to the Court for their reasonable costs.  Fees and costs 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 RMH, or may be a combination of the two.

  • If you have any questions, you may write, e-mail or call counsel for the Plaintiffs:

    Justin M. Swartz or Melissa L. Stewart
    Outten & Golden LLP
    685 Third Avenue, 25th Floor
    New York, NY 10017
    (212) 245-1000
    RMHovertimecase@outtengolden.com

    Gregg I. Shavitz or Alan Quiles
    Shavitz Law Group, P.A.
    1515 S. Federal Hwy, Suite 404
    Boca Raton, FL 33432
    (561) 447-8888 or toll-free at (800) 616-4000
    info@shavitzlaw.com

    Please do not contact the Court about the Notice.

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RMH Assistant Manager Overtime Case
Notice Administrator
c/o JND Legal Administration
P.O. Box 91307
Seattle, WA 98111