MPCM Overtime Lawsuit - NOTICE


UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

NORTHERN DIVISION

 

TONZANIA RAYFORD, individually

and on behalf of similarly situated                                                        Case No. 1:23-cv-13012

Persons,

                                                                                                                      Hon. Thomas L. Ludington

             Plaintiff,

                                                                                                                      Hon. Patricia T. Morris

United States Magistrate Judge

MOBILE PHLEBOTOMY OF

CENTRAL MICHIGAN LLC (AKA

MPCM SERVICES), AMANDA

BREASBOIS, an individual,

Defendants.

_________________________________________________________________

NOTICE OF PENDENCY MINIMUM WAGE LAWSUIT

TO:    All current and former individuals employed by MOBILE PHLEBOTOMY OF CENTRAL MICHIGAN LLC (AKA MPCM SERVICES), as phlebotomists within the three-year period immediately preceding the filing of this action.

The purpose of this Notice is to inform you of a collective action in which you are potentially “similarly situated” to the Named Plaintiff, to advise you of how your rights may be affected by this action, and to inform you of the procedure to make a claim if you choose to do so.

DESCRIPTION OF THE ACTION

The lawsuit alleges Defendants have misclassified its employees as “independent contractors” and failed to pay the employees overtime wages of one-and-a-half times their hourly rate for time worked in excess of 40 hours per week, in violation of the Fair Labor Standards Act (“FLSA”). 29 U.S.C. § 201 et seq. Plaintiffs seek recovery in the form of payment from Defendants for unpaid wages and an additional equal amount as liquidated damages, as well as attorneys’ fees and costs.

The action was filed on May 25, 2023 against MOBILE PHLEBOTOMY OF CENTRAL MICHIGAN LLC (AKA MPCM SERVICES) and AMANDA BREASBOIS. Defendant denies Plaintiff’s allegations and maintains that the independent contractors were not misclassified and were paid all wages to which they are entitled and do not have claims under the FLSA. The Court has not made any decision on the merits of these claims or the defenses.

PERSONS ELIGIBLE TO RECEIVE THIS NOTICE

The United States District Court for the Eastern District of Michigan has ordered that FLSA Notice be distributed to: “All of Defendants’ current and former phlebotomists who were not paid one and one-half times their regular hourly rate for hours worked in excess of 40 hours per week at any time starting three years before this Complaint was filed through the time of judgment in this matter.”

Defendants in this matter have identified you as a current or former employee who may have a claim in this lawsuit. You may join the claims in this action by returning the attached “Plaintiff Consent Form” to Plaintiff’s Counsel, listed in Section VII below, for filing with the Court. The Plaintiff Consent Form must be received by Plaintiff’s Counsel on or before July 22, 2024.

EFFECT OF JOINING OR NOT JOINING THIS ACTION

If you choose to join this lawsuit, you and Defendants will be bound by any ruling, judgment or settlement, whether favorable or unfavorable. However, your continued right to participate in this lawsuit may depend upon a later decision by the Court that you and the Named Plaintiff are “similarly situated” in accordance with applicable laws and that it is appropriate for this case to proceed as a collective action under the FLSA.

If you do not join this lawsuit, you are free to take action on your own or do nothing at all, but you will not be bound by any ruling, judgment, or settlement from this case.

STATUTE OF LIMITATIONS

The FLSA has a maximum statute of limitations of three years. If you choose to join this lawsuit, you may be able to recover money damages if you were improperly denied minimum wages and/or overtime payment wages for time you worked within three years of the date you file your Plaintiff Consent Form. If you choose not to join in this lawsuit or you file your own action, some or all of your potential claims may later be barred by the applicable statute of limitations.

NO RETALIATION PERMITTED

The law prohibits retaliation against employees for exercising their rights under the FLSA. Therefore, Defendants are prohibited from firing you or retaliating against you in any other manner because you choose to participate in this lawsuit.

YOUR LEGAL REPRESENTATION IF YOU JOIN

If you choose to participate in this lawsuit by filing the attached Plaintiff Consent Form, your interests will be represented by Plaintiff’s Counsel:

David M. Blanchard                                  
Kelly R. McClintock                                 
BLANCHARD & WALKER PLLC           
221 N Main St., Suite 300                         
Ann Arbor, MI 48104
(734) 929-4313                               

The attorneys are being paid on a contingency fee and/or statutory basis, which means that if there is no recovery there will be no attorneys’ fees. You will not have to pay the attorneys out of your own pocket.

THIS NOTICE AND ITS CONTENT HAS BEEN AUTHORIZED BY THE UNITED STATES DISTRICT COURT, EASTERN DISTRICT OF MICHIGAN, THE HONORABLE JUDGE THOMAS L. LUDINGTON. THE COURT HAS MADE NO DECISION IN THIS CASE ABOUT THE MERITS OF PLAINTIFF’S CLAIMS OR OF DEFENDANTS’ DEFENSES.

______________________________________________________________________________

PLAINTIFF CONSENT FORM

______________________________________________________________________________

  1. I consent to make a claim under the Fair Labor Standards Act, 29 U.S.C. § 201, et seq. against my current/former employer(s), MOBILE PHLEBOTOMY OF CENTRAL MICHIGAN LLC (AKA MPCM SERVICES) and AMANDA BREASBOIS, (“Defendants”) and any other related entities or affiliates, to recover minimum wages and overtime pay.
  2. If this case does not proceed collectively, then I also consent to join any subsequent action to assert these claims against Defendants, and any other related entities or affiliates.
  3. I designate the Named Plaintiff to make all decisions on my behalf concerning the method and manner of conducting the case including settlement, the entering of an agreement with Plaintiff’s counsel regarding payment of attorneys’ fees and court costs, and all other matters pertaining to this lawsuit. For purposes of this lawsuit, I choose to be represented by Blanchard & Walker PLLC, and other attorneys with whom they may associate. 

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Document name: MPCM Overtime Lawsuit - NOTICE
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April 18, 2024 4:21 pm EDTMPCM Overtime Lawsuit - NOTICE Uploaded by David Blanchard - blanchard@bwlawonline.com IP 96.85.119.85