Paul Scobey v General Motors, LLC
Case No. 20-CIV-12098
If you were employed by General Motors, LLC or an affiliate or joint venture of GM (“GM”) as a Technical Operations Specialist (“TOS”) at either GM Components Holdings, LLC’s Grand Rapids, Michigan Facility and/or GM’s Manufacturing Subsystems, LLC’s Brownstown Michigan Battery Facility you may be entitled to join a collective action lawsuit and participate in the parties’ settlement of that case.
You have until January 18, 2022 to respond to the Notice.
The Notice pertains to any GM employee who worked as a Technical Operations Specialist (“TOS”) at GM Component Holdings, LLC’s Grand Rapids, Michigan Facility and/or GM Manufacturing Subsystems, LLCs Brownstown Michigan Battery Facility between August 4, 2017 and May 27, 2021. You are receiving the Notice because GM’s records indicate you worked as a TOS at one of these facilities during that period.
A TOS (called the “Named Plaintiff”) has sued GM, claiming unpaid overtime wages and liquidated (double) damages under the Fair Labor Standards Act (“FLSA”). The Named Plaintiff claims that GM misclassified him as exempt from overtime under Federal law and as a result failed to pay him and other TOS overtime wages for their hours worked over forty per workweek. After the Named Plaintiff filed the Complaint in this case, six other TOS employees “opted-in” to this lawsuit. The Named Plaintiff and these six other Opt-in Plaintiffs are collectively referred to as “Named Plaintiffs.”
GM denies these allegations and maintains that TOS were properly classified and fully compensated as required by law. However, to avoid the burden, expense, and inconvenience of continued litigation, the parties have concluded that it is in their best interests to resolve and settle the action by entering into a settlement.
If you join this case by timely filing a completed Consent to Join, Release and Claim Form (“Claim Form”) you will be entitled to receive a settlement payment. The precise amount of the payment to you will be determined by the Claims Administrator using a formula that takes into account the number of weeks you worked as a TOS during the relevant time period. Half of the payment will be subject to normal payroll deductions for applicable taxes and withholdings.
As described in the Notice, to participate in the settlement and receive a settlement payment, you must timely return a properly completed Claim Form to the Claims Administrator. To be timely, your Claim Form must be submitted HERE, postmarked or otherwise received by the Claims Administrator no later than January 18, 2022. If you fail to timely return a completed Claim Form, you will not receive a settlement payment.
If you timely submit your Claim Form and are sent a payment, you agree to release GM, including its predecessors, successors, affiliates, joint ventures, directors, managers, employees, agents (collectively the “Released Parties”) from any and all wage and hour claims that accrued during your employment as a TOS, including, without limitation, all federal, state and local claims for overtime wages, minimum wages, meal breaks and related claims for penalties, interest, liquidated damages, attorneys’ fees, costs, and expenses. The release of claims relates back to the full extent of the federal statute of limitations as tolled, and continuing through the date the Court approves the settlement. You cannot sue or continue to sue on any released wage and hour claims.
Neither Class Counsel nor GM make any representations concerning the tax consequences to you of this settlement or your participation in it. You are advised to seek your own personal tax advice prior filing any Claim Form.
Your legal rights may be affected. You have a choice to make:
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
|RETURN THE CLAIM FORM AND RECEIVE A PAYMENT||By timely returning a properly completed Claim Form , you agree to participate in the settlement and release your claims, and will receive an estimated settlement payment less all required withholdings.|
|DO NOT RETRUN THE CLAIM FORM||If you do not wish to participate in, or be bound by, the settlement, you should not return the Claim Form. If you do not timely return a completed Claim Form postmarked or otherwise received by January 18, 2022 you will not receive a settlement payment.|
Payments will be distributed by a third-party Claims Administrator after the close of the notice period. Please be patient.
The Lawyers Representing You
The Court has decided that the lawyers at the law firm of Kreis Enderle Hudgins & Borsos, P.C. are qualified to represent you and all potential Collective Members. Their contact information is:
Jesse L. Young
8225 Moorsbridge Rd.
Portage, Michigan 49024
These lawyers are called “Class Counsel” or “Plaintiffs’ Counsel.” You will not be charged for these lawyers. You do not need to retain your own attorney to participate in the settlement. The Court has approved payment to Plaintiffs’ Counsel of one-third of the maximum settlement amount for attorneys’ fees plus reimbursement of reasonable costs and expenses. Those fees compensate Plaintiffs’ Counsel for investigating the facts, litigating the case, and negotiating the settlement. The Court has also approved an additional payment to the seven Named Plaintiffs in exchange for the Named Plaintiffs providing a general release of claims.