Notice | My Site

NOTICE OF OPPORTUNITY TO JOIN COLLECTIVE ACTION TO

DETERMINE YOUR RIGHT TO OVERTIME COMPENSATION UNDER

THE FAIR LABOR STANDARDS ACT

YOU MAY BE ENTITLED TO PAYMENT.

This Notice is authorized by the Montana Fourth Judicial District Court.

This is not a solicitation. You do not owe any money and you are not being sued in this case.

OVERVIEW:

Plaintiffs sued Missoula County alleging that it improperly failed to pay its employees overtime under the Fair Labor Standards Act (“FLSA”).
Missoula County denies these allegations and contends that all employees were and are properly classified as exempt from the FLSA’s overtime requirements.
The Court has allowed this notice to be sent to certain individuals employed by Missoula County. Our records indicate that you are one of those individuals if you choose to participate in this action.

The Court has not yet decided any claims or defenses in this case. This notice does not mean you have a valid claim or that you are entitled to any money. Instead, this notice is only for the purpose of identifying those who wish to be involved in this lawsuit. Currently, there is not money available, nor is there a guarantee that money will become available. However, your legal rights are affected, and you have a choice to make now:

RETURN YOUR CONSENT FORM BY AUGUST 25, 2024: Be a party to this lawsuit.

By returning your Consent Form, you become a participant in this lawsuit and will be bound by any ruling, judgment, or settlement in this case, whether favorable or unfavorable. You give up any rights to sue Missoula County separately about the same legal claims in this lawsuit.

DO NOTHING: You will not be a party to this lawsuit.

If you do nothing and do not return your Consent Form, you will not be a party to this lawsuit and you will not be affected by any ruling, judgment, or settlement entered in this case, favorable or unfavorable. You keep any rights to sue Missoula County separately about the same legal claims in this lawsuit, if you do so within the applicable statute of limitations.

If you wish to verify the legitimacy of this notice and the information for the lawyers involved, you may contact the Missoula County District Court. (406) 258-4780, clerkofcourt@missoulacounty.us, 200 West Broadway, Missoula, MT 59802.

Your options are explained in this notice. To participate in this lawsuit, you must complete and return the Consent Form before August 25, 2024.

1. Why did I get this notice?

Missoula County’s records show that you currently work, or previously worked, for Missoula County. The Court has “conditionally certified” a FLSA collective action to provide notice to employees that may be affected by the lawsuit. You have legal rights and options that you may exercise before the Court holds a trial. The trial is to decide whether the claims being made against Missoula County are correct. Judge Robert L. Deschamps III of the Montana Fourth Judicial District Court of Missoula Court is overseeing this collective action. The lawsuit is known as case number DV-22-1065.

2. What is this lawsuit about?

This lawsuit is about whether Missoula County failed to comply with federal laws requiring the payment of overtime compensation for hours worked in excess of 40 hours in any workweek. More information about federal laws regarding overtime can be found at the website for the U.S. Department of Labor (www.dol.gov).

3. What is a collective action and who is involved?

Similar to a class action, one or more people (in this case Amber Quattlebaum, Aubrey Juden, Jillian Burgan, and Donita Fatland) sue on behalf of other people who have similar claims. However, unlike a class action where people impacted are automatically included, in a collective action you must file a written consent in order to be included in the lawsuit. Individuals who file Consent Forms are called “Opt-In Plaintiffs.” The entity they sue (in this case Missoula County) is called the “Defendant.” One court resolves the claims for everyone involved in the collective action.

4. Why is this lawsuit a collective action?

The Court has conditionally certified this lawsuit as a collective action, which means that this notice should be sent to all of those persons that may be entitled to participate in this lawsuit. The Named Plaintiffs seek to sue on behalf of themselves and all others “similarly situated”. The individuals that the Named Plaintiffs allege are similarly situated are any current or former Missoula County employee who, between September 21, 2019 and the present, was not paid a set or predetermined salary, and has worked hours in excess of 40 in a work week without receiving one and one half times their regular rate for hours worked in excess of 40. This Notice is only for the purpose of determining the identity of those persons who wish to be involved in this case. Your right to participate in this suit may depend upon a later decision by the Montana Fourth Judicial District Court of Missoula that you and Named Plaintiffs are actually “similarly situated”.

5. What is the lawsuit about?

In the lawsuit, the Plaintiffs claim that Missoula County violated the federal Fair Labor Standards Act (“FLSA”) by failing to provide overtime compensation to employees who worked more than 40 hours in a workweek. Generally, the overtime provisions of the FLSA require that for all hours over forty hours per week that an employee works, the employer must compensate the employee at the rate of one and one-half times his or her regularly hourly rate (for those paid a salary, the salary is converted to an hourly rate for purposes of calculating overtime compensation), unless that employee is properly classified as “exempt” from the overtime provisions of the FLSA. The Named Plaintiffs in this lawsuit claim that some Missoula County Employees are not properly classified as exempt from the overtime provisions of the FLSA.

6. How does Missoula County Answer?

Missoula County denies it did anything wrong and that the Plaintiffs and all other employees were properly classified as exempt from the overtime provisions of the FLSA. As a result, Missoula County denies that it owes any unpaid overtime or anything else to the Plaintiffs or any other current or former Missoula County employees.

7. Has the Court decided who is right?

The Court hasn’t decided whether Missoula County or the Plaintiffs are correct. By conditionally certifying the collective action and issuing this Notice, the Court is not suggesting that the Plaintiffs will win or lose this case. The Plaintiffs must prove their claims at a trial.

8. What are the Plaintiffs asking for?

The Plaintiffs are seeking money damages for unpaid overtime compensation for the period of September 21, 2019, through the time of the trial or settlement. The Plaintiffs are also seeking changes in Missoula County’s policies to ensure that collective action members are classified and compensated properly in the future.

9. Is there any money available now?

No money or benefits are available now because the Court has not yet decided whether Missoula County did anything wrong, and the two sides have not settled the case. There is no guarantee that money or benefits ever will be obtained. If they are, you will be notified about

how to ask for a share.

10. What do I have to do in order to participate in the lawsuit?

On this website you will find the electronic “Notice to Consent” (“Consent Form”). If you choose to join this lawsuit, and thus participate in any recovery that may result from this lawsuit, it is extremely important that you read, sign and return the Consent Form. A paper Consent Form was also mailed to your last know address with a pre-addressed and postage paid envelope for your convenience. Should the paper Consent Form be lost or misplaced, please contact Plaintiffs’ counsel immediately at (406) 587-1900 or (406) 529-6787.

The signed Consent Form must be submitted or postmarked by August 25, 2024. If your Consent Form is not submitted or postmarked by August 25, 2024, you will not be able to participate in any recovery obtained against the Defendant in this lawsuit. If you have any questions about completing or sending in the Consent Form, you may contact Plaintiffs’ counsel at (406) 587-1900 or (406) 529-6787.

11. What happens if I do nothing at all?

If you do nothing at all, and do not timely return a signed Consent Form you will not be a participant in the lawsuit. If you choose not to participate in this lawsuit, you will not be affected by any judgment or settlement rendered in this case, whether favorable or unfavorable. You will not be entitled to share any amounts recovered in the lawsuit. You will be free to file your own lawsuit.

12. Can Missoula County retaliate against me for participating in this lawsuit?

It is a violation of federal law for Missoula County to discriminate or retaliate against you in any manner for taking part in this case. If you believe that you have been penalized, discriminated against or disciplined in any way as a result of your receiving this notification, considering whether to join this lawsuit or actually joining this lawsuit, you may contact Plaintiffs' Counsel in this lawsuit or another lawyer of your choosing.

13. Do I have a lawyer in this case?

If you choose to join this lawsuit, you will be represented by Kantor Law, PLLC of Missoula, Montana and Western Justice Associates, PLLC of Bozeman, Montana. These law firms are called “Class Counsel.” More information about the law firms, their practices, and their experience is available at www.kantorlawmt.com and www.westernjusticelaw.com.

14. Should I get my own lawyer?

You do not need to hire your own lawyer because Class Counsel is working on your behalf. But, if you want your own lawyer, you will have to pay that lawyer. For example, you can ask him or her to appear in court for you if you want someone other than Class Counsel to speak for you.

15. How will the lawyers be paid?

If Class Counsel receive money or benefits for the Class, they may ask the Court for fees and expenses. If the Court grants Class Counsels’ request, the fees and expenses would be either deducted from any money obtained for the Class or paid separately by Missoula County.

16. How and when will the Court decide who is right?

As long as the case isn’t resolved by a settlement or otherwise, Class Counsel will have to prove the Plaintiffs’ claims at a trial. The trial is not yet scheduled, but it will take place in the Montana Fourth Judicial District of Missoula County courthouse, 200 West Broadway, Missoula MT, 59802. During the trial, a jury or the judge will hear all of the evidence to help them reach a decision about whether the Plaintiffs or Defendant are right about the claims in the lawsuit. There is no guarantee that the Plaintiffs will win, or that they will get any money for the Class.

17. Do I have to come to trial?

You may have to attend the trial. Class Counsel will present the case for the Plaintiffs, and Missoula County will present the defenses. You or your own lawyer are welcome to come at your own expense.

18. Will I get money after the trial?

If the Plaintiffs obtain money or benefits as a result of the trial or a settlement, you will be notified about how to participate. We do not know how long this will take.

GETTING MORE INFORMATION

For further information you can contact class counsel by phone, email, in writing, or by setting up an in-person meeting. If you wish to verify the legitimacy of this notice or action and the lawyers involved, you may contact the Missoula County District Court, (406) 258-4780, clerkofcourt@missoulacounty.us, 200 West Broadway, Missoula MT 59802.

LIST OF CLASS COUNSEL:

Issac M. Kantor, Esq.

Kantor Law, PLLC

323 W Pine St

Missoula, MT 59802

(406) 529-6787

issac@kantorlaw.com

Jory C. Ruggiero, Esq.

Maxwell E. Kirchhoff, Esq.

Western Justice Associates, PLLC

303 W Mendenhall Ave

Bozeman, MT 59715

234 East Pine Street

Missoula, MT 59802

(406) 587-1900

info@westernjusticelaw.com