TO BE CIRCULATED IN ENGLISH & SPANISH
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK
BRENDA WILLIAMS, TAMERLANE BURTON, and JAMES BERRY, individually and on behalf of all other persons similarly situated who were employed by Air Serv Corporation and/or any other entities affiliated with or controlled by Air Serv Corporation,
– against –
AIR SERV CORPORATION,
Index No. 108648/2010
NOTICE OF WAGE AND HOUR CLASS ACTION
TO: All employees, other than managers, corporate officers or directors, or clerical or office workers, of Air Serv Corporation (“Air Serv”) who worked at John F. Kennedy International Airport (“JFK Airport”) between June 2004 and April 29, 2013.
If you worked for Air Serv at any time from June 2004 through April 29, 2013, the purpose of this Notice is to advise you that a lawsuit has been filed against Air Serv alleging claims under the New York Labor Law and to advise you of the legal rights you may have with respect to this action.
DESCRIPTION OF THE LAWSUIT:
Plaintiffs, who worked for Air Serv in roles other than as managers, corporate officers, or directors, or clerical or office workers, filed a lawsuit in state court under the New York Labor Law alleging that Air Serv did not pay them for all wages, including overtime wages. Additionally, Plaintiffs claim that Air Serv failed to provide them an extra hour of pay at New York’s minimum wage rate for workdays in which they worked over ten hours.
The Court has allowed this action to proceed as a class action lawsuit and has authorized publication of this Notice to advise you about the status of this lawsuit. The Court has not decided whether the claims in the lawsuit are valid or have any merit.
Air Serv denies that Plaintiffs’ claims have any merit, and has asserted various defenses against Plaintiffs’ claims. Air Serv vigorously denies any wrongdoing or liability to Plaintiffs or any past or present employee of Air Serv who may allege that he or she was underpaid.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT
A class has been certified for claims arising under New York law seeking unpaid wages. If you do not do anything, you are a member of the Class of workers who have claims arising under New York law. As a class member, you waive your right to proceed individually and you will also waive your right to liquidated damages under the NYLL. As a member of the Class, you will also be legally bound by any decision of the Court in this lawsuit. Regardless of whether Plaintiffs win or lose in this lawsuit, you will not be able to sue Air Serv in a separate action under the New York State Labor Law for the claims alleged in this case. By remaining a member of the Class, you also may be required to participate in discovery and you may have to testify in a trial of this lawsuit.
You may participate in this case as long as you worked for Air Serv at any time since June 2004 in roles other than as managers, corporate officers, directors, clerical, or office workers. You will be represented by the law firms of Virginia & Ambinder, LLP, and Leeds Brown Law, P.C. the attorneys designated by the Court to represent you (“Class Counsel”). At the conclusion of the case, Class Counsel will make an application to the Court for the recovery of their legal fees and costs, and the Court will have discretion in the amount to award Class Counsel. Their costs and fees will be paid by out of any recovery that may be obtained in this action. You have a right to consult with an attorney about this matter. If you wish to be represented by other counsel, you may retain another attorney, but you may be responsible for paying that attorney.
If you do not wish to participate in this lawsuit, you must send a signed letter stating your intention to exclude yourself from the Class (opt-out) to Lloyd Ambinder, Esq. of Virginia & Ambinder, LLP, located at 111 Broadway, Suite 1403, New York, NY 10006,. If you decide not to participate in this lawsuit (opt-out), you may not be eligible to receive any benefits in the event that recovery is obtained, but you will retain the right to sue Air Serv separately and on your behalf for wage and hour claims, if any, that you might have against Air Serv. Lloyd Ambinder, Esq. of Virginia & Ambinder, LLP, located at 111 Broadway, Suite 1403, New York, NY 10006, 212-943-9080, Lambinder@vandallp.com, www.vandallp.com; and Jeffrey K. Brown of Leeds Brown Law, P.C. 1 Old Country Road, Carle Place, New York 11501, 516-873-9550, Jbrown@leedsbrownlaw.com, www.leedsbrownlaw.com have been designated as Class Counsel, and represent the Plaintiffs in this case. You can obtain further information about Class Counsel by visiting their websites or contacting Lloyd Ambinder, Esq., at telephone number (212) 943-9080 or Jeffrey K. Brown. Esq. (516) 873-9550. If you require Spanish translation, please ask for Ines Cruz, Yeskenia Polanco or Venus Velez (212) 943-9080 or Ricardo Guerra (516) 873-9550.
You have a right to participate in this action even if you are an
undocumented alien or you are still working for Air Serv.
All communications and discussions with Virginia & Ambinder or Leeds Brown Law
are confidential and will not be disclosed without your consent.
DO NOT CONTACT THE COURT OR THE CLERK’S OFFICE WITH QUESTIONS
Dated: New York, New York
March 11, 2014