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Important Notice:
If you WORK or worked for
EPlaneT
COMMMUNICATIONs, RESULTS, OR HELio CALL
CENTER IN UTAH, AS
A CUSTOMER SERVICE REPRESENTATIVE
(AGENT) YOU SHOULD HAVE RECEIVED A
COURT-APPROVED NOTICE ABOUT THIS
LAWSUIT, IF YOU
HAVE NOT RECEIVED THE NOTICE, PLEASE
CONTACT US IMMEDIATELY.
yOU CAN
REACH US AT 801-269-9541 OR
1-888-699-2432. |
Former and Current Employees of EPlanet
Communications, Inc. (EPlanet) have filed
a collective/class action lawsuit1.
Plaintiffs brought this lawsuit because they
believe and allege that EPlanet has
systematically failed to pay proper wages and
overtime to its employees. This lawsuit is
currently pending in the United States District
Court for the Central District of Utah (Case
Number 2:09-cv-763). As of this time, the
Court has not established any liability on the
part of EPlanet.
This Website tells you how to participate in
this lawsuit if you so desire, and provides
important information about this case.
A
number of EPlanet employees have already
signed up for this case. If you are a current or
former employee of EPlanet
Communications, Inc., who is currently employed or was
employed as a Customer Service Representative
(CSR), or in any similar position even if it had
a different title in the past three years, you
may be entitled to join in this lawsuit, and if
the case is successful, you might be able to
recover lost wages or overtime alleged in this
lawsuit.
WHAT
MUST YOU DO TO PARTICIPATE IN THIS LAWSUIT
If
you would like to
join this lawsuit against
EPlanet for recovery of alleged lost
wages and/or overtime to which you may be
entitled by law, you must file a
Consent to Join
form.
If
you believe you are eligible to participate in
this lawsuit and you would like to join this
lawsuit, you can join the lawsuit by filing the
consent form.
We
will file your
consent form with the Court. If you would like, you can call us at
801-269-9541 to discuss your personal situation.
Please note that you are under no obligation to
join in this lawsuit. You are free to
initiate your own legal action, if you choose to
do so, or consult with
another attorney of your choice.
If
the Court in this case determines that
EPlanet has failed to pay you wages
and/or overtime due for your hours worked, the
Court or a jury will then decide how much money EPlanet might owe you.
YOU
MUST ACT QUICKLY
Under FLSA (which governs payment of overtime
wages), there is a two- or three-year statute of
limitations. This means that a court will allow
you to recover unpaid wages or overtime only
going back two (2) or three (3) years from the
date on which you file your
Consent to Join
form and become a "Party Plaintiff."
Because of this limited time frame, for every
day that you delay either joining this lawsuit
or taking legal action on your own, you may lose
one day of recovery, and your ability to recover
lost wages or lost overtime may be reduced by
one day. Therefore, you should not delay in
either joining in this lawsuit or taking legal
action on your own.
If you choose to
join in this lawsuit, you
should fill out the
Consent to Join
form
and mail to us without delay.
EPLANET CANNOT RETALIATE AGAINST YOU FOR JOINING THE
LAWSUIT
If you participate in this
lawsuit, you are protected by federal law
against any type of retaliation by your
employer.
NOTE 1:
Under Section 216(b) of the Fair Labor Standards Act a
lawsuit for unpaid wages or overtime compensation is called
a "collective action" which is similar to but not identical
to a "class action" under Rule 23 of the Federal Rules of
Civil Procedure. One of the important differences
between these two types of cases is that only people who
actually opt in to a Fair Labor Standards Act collective
action (file a Consent to Become a Party Plaintiff Form) are
affected by any settlement and/or judgment/decisions in the
lawsuit.
Although Plaintiffs have filed this action as a collective action, the Court has not certified this lawsuit as a collective
action or a class action as of this time.
NOTE 2:
This
website is maintained by the attorneys representing the
Plaintiffs in this case. The plaintiffs are current
and former employees of EPlanet who have filed a
consent to join this lawsuit. Although the
attorneys are sometimes referred to as "class counsel," this
lawsuit has not been certified as a collective or class
action by the Court as of this time.
