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Frequently Asked Questions
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1. What do Plaintiffs claim that Cinram did
wrong?
- Cinram is an employer that uses a time clock to record the time
worked by hourly employees.
- 29 C.F.R. § 785.48
allows an employer to round (to the nearest 15 minutes among other options) an
employee’s time for purposes of measurement of pay, so long as the rounding
goes both forward and backwards to not disadvantage the employee.
- An employer cannot round
the time in order to pay an employee less than time he or she actually worked.
- Rounding requires that
every employee for time worked.
- This lawsuit is based on
the fact that the Plaintiffs claim that Cinram has illegally rounded time
worked for its benefit only. Cinram may
not have paid you for all time that you worked.
2. What law do Plaintiffs claim was violated
to create this lawsuit?
- This lawsuit is based on
the claim that Cinram violated the Fair Labor Standards Act (FLSA) and
corresponding Code of Federal Regulations (CFR), which interpret that law.
- The FLSA is the law
requiring employers to pay hourly employees an overtime rate of 1 and ½ times
the hourly rate for hours worked over 40.
- The FLSA allows the
Secretary of Labor to create various regulations obligating employers to pay overtime
in certain ways. These regulations are
listed in the CFR.
3. Is this a Class Action Lawsuit?
- NO. This is Collective Action lawsuit. A Collective Action and a Class Action are
similar, but different. In a class
action you are a member of the class unless you ask to be excused from it. In a collective action you can only
participate in it if you return the consent form to us to add you in.
4. Am I guaranteed money if I join this
lawsuit?
- There is no guarantee
you will receive any money. Lawsuits
inherently involve a risk of success or failure.
5. Am I guaranteed money if I don’t join the
lawsuit?
- NO.
By not joining the suit, the only guarantee is that you will see no
money whatsoever, unless you file suit on
your own.
6. How much money can I expect?
- For Example: if your afternoon shift was from 2:01 p.m. until
7:00 p.m., you would have worked
300 minutes or 4 hours and 59 minutes.
This time should be rounded to five
hours. If your hourly rate is $10.00,
then you should be paid $50.00.
- However, the records used to issue your paycheck were probably
rounded backwards so that you
were paid only 4 hours and 45 minutes.
If your hourly rate is $10.00, then you
were paid $47.50 when it should have been $50.
- If you worked over forty hours, this lost time should be credited
to the overtime rate of pay of 1.5 times
your regular hourly rate.
7. How are the attorneys paid for this
lawsuit?
- Attorneys’ fees will
either be negotiated separate and apart from your back pay/damages or it will
be awarded by the Court. If set by the
Court, the attorneys’ fees are based both on time, as well as results obtained.
8. Will I have to incur any expenses in this
case?
- NO. The attorneys representing the Plaintiffs are
advancing all expenses in this case.
9. This may not sound like a lot of money,
so why should I bother joining a lawsuit over such a small amount?
- 15 minutes doesn’t sound
like a lot of time, but think about this:
- If your hourly rate is
$10.00, then your overtime rate is $15.00 over 40 in a work week.
- If you lose 15 minutes
twice each shift (30 minutes) you are losing overtime pay every time you worked
more than forty hours in a week.
- If you work 5 days per
week, and you lose 2.5 hours, that adds up to $37.50 per week.
- If you worked 52 weeks
per year, you are losing $1,950.00 in lost pay.
- If you worked at Cinram
for the last two years, this could amount to $3,900.00
- If you have worked at Cinram
the past three years, this could amount to $5,850.00
- Of course, if the hourly
rate is more than $10—the loss would be more.
10. Does this mean if I join the lawsuit, I am
guaranteed $5,850?
- NO. Each individual employee could have
potentially lost a different amount of overtime pay depending on their hourly
rate, number of hours worked, time with the company, and how the Cinram time
clock may have rounded your time worked.
11. Will anyone participating in the case get
more money than anybody else?
- It is likely that
amounts recovered will vary just like your hourly rate and hours that you
worked vary from your co-workers. The
amount of damages that you would receive in a settlement or at trial would be
based upon your hourly rate, the number of hours that you worked, and when you
were employed, and how you were effected by the rounding of your time. You may receive more or less than somebody
else, but it will be based upon your potential claims.
12. Is
there a chance that I could receive less than the total amount of money that I
am due?
- Yes, it may be that
either because of a settlement or at trial that you do not receive 100% of your
claimed hours. Should there be a
settlement of less than 100 cents on a dollar, you will be informed of the
total amount of this settlement, as well as your damages are calculated. They would be calculated based upon the
amount of your claims compared to the total of claims of everyone who has opted
into the lawsuit. Also, the three named
Plaintiffs in the lawsuit are likely required to do more in this lawsuit than
you will be required to do. As a result,
they may receive a higher portion of their claims, as well as some incentive
pay in the event of a settlement or trial.
If so, this will be fully explained to you at the time.
13. What happens if there is a settlement or we
win at trial?
- If there is a
settlement, the judge must approve the settlement. There would be a hearing where you could
attend and object if you did not agree.
If you do agree, you will be asked to give written authorization to help
expedite you getting paid. If the Court
approves the settlement, you would be paid soon thereafter. If there is a trial there could be an appeal,
so that would have to be addressed later.
14. Will Cinram have to pay punitive damages?
- The FLSA allows for liquidated
damages that double the amount of lost wages. There is no guarantee of receiving this
amount even if the lost wages are recovered during the lawsuit, but we will try
to get these damages.
15. Why should I join this case?
- Because you have been
identified as someone who may not have been paid for all the time that you have
worked. We believe we can assist you in
collecting the extra pay that you should have received on each paycheck. While we cannot guarantee success, as that is
beyond our control, we believe that we have a good case that is based upon the
law, and that at some point those who participate will receive the pay which
they have already earned and deserve to get.
It is up to you whether you choose to join in or not. You are free to choose other attorneys if you
so desire and pursue a lawsuit separate and apart from this one. If you do so, you will not be allowed to
participate in any recovery obtained on behalf of plaintiffs in this case. The only way that you can receive any money in
this case is if you sign the consent to join and send it in.
16. What do I have to do once I join the
lawsuit?
- You will have to keep
the law firm up to date on your address and telephone numbers and email
addresses.
- You may have to
participate in the discovery process and trial.
17. What is the Discovery Process?
- Discovery is the process
in a civil lawsuit where the parties obtain information in preparation for
prosecution and defense of the case.
Both Plaintiffs and Defendants in a civil case are allowed to ask for
documents and to ask questions of the other side. In others words, everything you have to do
for this lawsuit, someone from the company will probably have to do the same
sort of thing.
- You may have to answer
written questions, called Interrogatories,
under oath. We will assist you in preparing these responses.
- You may have to produce
documents, called Requests for
Production, such as your work schedules, paycheck stubs, and other
documents. We will assist you in
preparing these responses.
- You may have to sit for
a Deposition. A deposition is sworn testimony under
oath. The company’s attorneys would ask
you questions. The purpose of a
deposition is to learn information about the case. We will be present to defend your
deposition.
- Cinram management will
have to participate in answering written questions, providing documents, and
sitting for depositions also at our request.
18. Will Cinram fire me if I join this lawsuit?
- NO. Cinram cannot fire you for joining this
lawsuit.
- The FLSA has an
anti-retaliation section that prohibits termination or harassment if you choose
to join this lawsuit.
- Cinram can still legally
fire you even if you have joined the lawsuit.
Joining the lawsuit does not mean you have absolute job security. You still have to abide by company rules as
if this lawsuit did not exist, but the anti-retaliation provisions of the law
means that the company cannot retaliate if you join.
19. How can I obtain a consent to join?
- You can call us at (205)
252-1550; fax us at (205) 252-1556; email us at dra@arendalllaw.com; or write us or come
by in person at 2018 Morris Avenue,
Third Floor, Birmingham, AL35203. We will be happy to assist you in completion
of the form.
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