Notice of right to join Lawsuit

Wilson, et al v. MICROS Systems, inc., No. 3:13-cv-01328 (M.D. Tenn. 2013)

Micros Systems Overtime Lawsuit: Implementation Specialists

if you worked overtime as a salary-paid implementation specialist for micros systems since 11/26/09, you were eligible to join this lawsuit pursuant to the notice below.  the time period to join this lawsuit has closed.  If you joined the lawsuit, you will share in the settlement.  If you did not join the lawsuit, you will not share in the settlement, but your claims have not been released.   You may contact plaintiffs' counsel listed below for details.

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
 

KRISTY WILSON, DARREN MOORE, and  KISHA ULYSSE, individually,          

and on behalf of all others similarly situated,                                                                  Civil Action No. 3:13-cv-01328
     

     Plaintiffs,                                                                                                                     Judge Campbell
 

v.                                                                                                                                      Magistrate Judge Bryant
   
MICROS SYSTEMS INC.,                                                                                               JURY DEMAND

    

     Defendant.  

NOTICE OF RIGHTS TO JOIN MICROS OVERTIME LAWSUIT

This is to notify you of your right to join and participate in an overtime lawsuit against MICROS Systems, Inc. (“MICROS”) under the Fair Labor Standards Act (“FLSA”) and to explain how you can join and participate in the litigation if you desire to do so.

Kristy Wilson, Darren Moore, and Kisha Ulysse (the “Representative Plaintiffs”) filed a lawsuit (the “Lawsuit”) on behalf of themselves and all others similarly situated, seeking to recover allegedly unpaid overtime wages, liquidated damages, prejudgment interest, attorneys’ fees, and costs from MICROS under a federal law titled the Fair Labor Standards Act ( “FLSA”).[1]  The Representative Plaintiffs allege that all current and former MICROS employees who worked anywhere in the United States as an Implementation Specialist, Implementation Technician, or any other position performing substantially similar job duties under a different job title (collectively an “Implementation Specialist”) at any time within the period beginning January 31, 2011, were denied the overtime pay required by the FLSA for all of their hours worked over 40 in a work week.   MICROS is the defendant in this action and denies the allegations in the Plaintiffs’ complaint.  It is MICROS’s position that its Implementation Specialists were at all times exempt from the applicable federal and state overtime laws, and therefore were not owed any overtime.  MICROS also claims that it has at all times acted in good faith that it did not violate the FLSA.


As a current or former MICROS employee who worked as an Implementation Specialist at any time between January 31, 2011 and the present, you are eligible to participate in the Lawsuit if you so desire. 


Specifically, you are eligible to join and become a party to the federal overtime claims alleged in the Lawsuit if you worked in any state within the United States for MICROS as an Implementation Specialist at any time between January 31, 2011 and the present (the “FLSA relevant period”), and you worked more than 40 hours in one or more work weeks at any time during that period. 


In addition, you are also eligible to join and become a party to the separate California state law claims alleged in the Lawsuit if you worked for MICROS as an Implementation Specialist and performed any work in any Implementation Specialist position within the borders of the State of California (including but not limited to out-of-state employees who traveled to California and performed installations or other on-site work within the State of California) at any time between November 26, 2009 and the present (the “California relevant period”).     


[1] Representative Plaintiff Ulysse also alleges that all current and former MICROS employees who worked for MICROS as an Implementation Specialist and who performed any work in any Implementation Specialist position within the borders of the State of California (including but not limited to out-of-state employees who traveled to California and performed installations or other on-site work within the State of California) at any time within the period beginning November 26, 2009 were denied the overtime and other wages required by California law for covered hours worked within the State of California. This state law claim is limited to work performed within the State of California and does not cover or otherwise apply to work performed in all other states.


1.  What Happens if I Join this Lawsuit?    

If you join the Lawsuit, you will be bound by any judgment of the Court, whether it is favorable or unfavorable.  If the Representative Plaintiffs are successful in recovering a money judgment or settlement from MICROS, you will also be bound by any such judgment or settlement and will share in the amount recovered by the Representative Plaintiffs.  If you join the Lawsuit, the Representative Plaintiffs’ attorneys will represent you on a contingent fee basis.  Under the fee agreement, you will not have to pay the lawyers directly – win or lose. Instead, the attorneys will be paid a portion of the amount, if any, recovered from MICROS by settlement or other payment, or as otherwise awarded by the Court.  While the lawsuit is proceeding, you might be required to provide information or otherwise participate in the action.  


2.  How do I Participate in the Lawsuit?
 
To participate in the Lawsuit, you must sign and submit the attached Notice of Consent via email, U.S. Mail or facsimile by no later than Tuesday, April 29, 2014 for review and pre-filing approval by class counsel to the following address:   


C. Andrew Head, Esq.
Fried & Bonder, LLC
Suite 305
1170 Howell Mill Rd., NW
Atlanta, GA 30318
Telephone (Legal Asst.): (404)924-4155
Fax: (404)995-8899
Email: info@microsovertimelawsuit.com 

or

Michael L. Russell, Esq. 
Gilbert Russell McWherter PLC
5409 Maryland Way, Suite 150 
Brentwood, TN 37027 
Telephone: (615) 354-1144
Fax: (731)664-1540
Email: mrussell@gilbertfirm.com  


The signed Notice of Consent form must be time-stamped (for emails and facsimiles) or postmarked (for U.S. Mail) no later than Tuesday, April 29, 2014, in order to be eligible to participate in the Lawsuit. 


3.  What Happens if I do not Join this Lawsuit? 


If you choose not to join the Lawsuit, you will not be entitled to share in any judgment rendered or settlement reached in this case, whether favorable or unfavorable, and you will not receive any money from this Lawsuit in the event of a settlement or an award.  Your rights to participate in any other case against the company will be preserved.  However the statute of limitations will not stop running on any claims you may have, and may eventually extinguish any right you have to recover for overtime.[2]  If you choose not to join in this lawsuit, you are free to file your own lawsuit. 


[2] The fact that a Representative Plaintiff has filed a state law claim on behalf of certain employees who performed work in California does not mean that you are automatically included in this lawsuit even if you don’t file a signed Consent.  You are not automatically included in this lawsuit unless you file a signed Consent.


4.  No Retaliation for Participating


MICROS cannot retaliate against you for joining or participating in the Lawsuit.  If you are employed by MICROS during the pendency of the Lawsuit, you will continue to be bound by MICROS’s applicable policies and procedures governing the terms and conditions of your employment.


5.  Where Can I Get More Information?


You can get more information by contacting the Representative Plaintiffs’ lawyers at the addresses, telephone numbers, and/or email addresses listed above in Section 2.


The call to the attorneys listed above is free and confidential.


THIS NOTICE AND ITS CONTENTS HAVE BEEN AUTHORIZED BY THE U.S. DISTRICT COURT, THE HONORABLE TODD J. CAMPBELL, DISTRICT JUDGE.  THE COURT HAS EXPRESSED NO OPINION REGARDING THE MERITS OF THE PARTIES’ CLAIMS OR DEFENSES.