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Court-Ordered Notice In City Overtime Case

Dear City Employee:

A federal court-ordered Notice is on its way to thousands of City employee homes today thanks to the efforts of MEA attorney Ann Smith.  The distribution of this Notice was ordered by U. S. District Judge Curiel in response to Ann’s motion and the Judge has approved the information you’re being given about your right to join this case.

The envelope identifies the sender as “City of San Diego – Class Action Notice.”  If you or a fellow employee (active or retired) receives this Notice, this means that you are not already a claimant in the case but you are on the list of employees who are potentially (and likely) eligible to receive money from the City for underpaid FLSA overtime worked after March 2, 2015.  Do not ignore this mail or toss it out – it’s not junk – unless you want the City to keep the money it likely owes you.

Read the court-approved Notice and follow the EASY instructions for returning the Info sheet and Consent form to Ann Smith’s law firm.  This is a 10-minute project but there is a time limit so don’t put this off – act immediately before you forget.   You will not have to pay attorneys’ fees to join this action and hundreds of your fellow employees are already claimants in the case.  It is your right to join them and become a claimant, too – and the City cannot retaliate against you or punish you in any way for joining to enforce your right to the correct amount of overtime owed.  Under the law, unless you sign and return your individual consent to join the case, you will not be paid for overtime owed even if other employees who are claimants recover money.  This is an individual responsibility and neither other employees nor your Union can make this claim for you.

Watch your mail and ACT promptly to return the two forms – Info and Consent – in order to claim any money you’ve earned under the law and the City owes you.

P. S. If you have already signed and returned a Consent Form to join this FLSA action, no further action is needed in response to this mailing.